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THE 

IKSRCHANT’S  ASSISTANT, 

AND 

CLERK’S  NEW  MAGAZINE; 

CONTAINING 

THE  MOST  USEFUL  AND  NECESSARY 

w® issag  WBira&sratS) 

THAT  OCCUR  IN  THE 

TRANSACTIONS  OF  BUSINESS  BETWEEN  MAN  AND  MAN  • 

AND  MOST  OF  WHICH 

ARE  CALCULATED  TO  BE  ,  OF  PRACTICAL  UTILITY, 

AS  WELL  TO  THE 

CITIZENS  OF  THE  OTHER  UNITED  STATES, 

AS  OF  THE 

I 

✓STATE  OF  MAINE: 

>  ■? 

COLLECTED  FROM  THE  MOST  APPROVED  AUTHORITIES 

JSY  N.  G.  JEWETT  AND  DANIEL  CLARKE. 


PORTLAND: 

PRINTED  BY  TODD  AND  SMlTHo 

1824, 


gj  April,  in  the  year  of  our  Lord  one  thousand  eight  hun- 

m  '  '  ‘  -  -  -  -  -  - 

m 


Ll  s*  H  d red  and  twenty- four,  and  the  forty-eighth  year  of  the 


DISTRICT  OF  MAINE,  ss. 

BE  IT  REMEMBERED,  That  on  this  tenth  day  of 

m 

£8 

r* 2  .  .  v  w 

as  I3  Independence  of  the  United  States  of  America,  NA- 

8a&KSB$9HB8  THANIEL  G.  JEWETT  and  DANIEL  CLARKE,  of 
the  District  of  Maine,  have  deposited  in  this  Office,  the  title  of  a  Book, 
the  right  whereof  they  claim  as  Authors,  in  the  words  following,  viz  : 

“  The  Merchant’s  Assistant,  and  Clerk’s  New  Magazine ;  cantain- 
“  ing  the  most  useful  and  necessary  forms  of  writings,  that  occur  in  the 
“  transactions  of  business  between  Man  and  Man  ;  and  most  of 
“  which  are  calculated  to  be  of  practical  utility,  as  well  to  the  citizens 
“  of  the  other  United  States,  as  of  the  State  of  Maine  :  Collected  from 
“  the  most  approved  authorities.  By  N.  G.  Jewett  and  Daniel  Clarke. 
“  Portland  :  Printed  by  Todd  &  Smith,  1824.” 

In  conformity  to  the  Act  of  the  Congress  of  the  United  States,  entit¬ 
led,  “An  Act  for  the  encouragement  of  learning,  by  securing  the  copies 
“  of  maps,  charts,  and  books,  to  the  authors  and  proprietors  of  such 
“  copies,  during  the  times 'therein  mentioned  and  also,  to  an  act,  en¬ 
titled,  “  An  Act  supplementary  to  an  act,  entitled,  an  act  for  the  en¬ 
couragement  of  learning,  by  securing  the  copies  of  maps,  charts  and 
“books,  to  the  authors  and  proprietors  of  such  copies,  during  the  times 
therein  mentioned,  and  extending  the  benefits  thereof  to  the  arts  of 
“  designing,  engraving,  and  etching  historical  and  other  prints.” 

. .  -ict 


A  true  copy  as  of  record 


TOPTN  MIJSSFY  S^terk  of  the  Distri 
JUriN  MU&obi,  ^  Court  0fMaine 


Attest,  J.  MUSSEY,  Clerk  D.  C.  Jtyaine. 


BOSTON  COLLEGE  LIBRARY 
CHESTNUT  HILL,  MA 


03SS> 


//,? 


> 

c* 


Believing,  as  we  do,  that  the  value  of  a 
work  of  this  kind  can  be  estimated  only  by  * 
its  utility,  we  shall  not  attempt  by  a  labor¬ 
ed  preface  to  magnify  its  importance,  or  to 
swell  its  merits  by  a  long  list  of  recommen¬ 
dations,  extorted  from  the  politeness  and 
good  feelings  of  those,  over  whose  signa¬ 
tures  they  appear.  It  is  enough,  if  the 
Farmer,  the  Mechanic,  the  Tradesman,  the 
Merchant,  and  the  man  of  business  of  every 
description,  shall  gather  from  its  pages  in¬ 
struction  and  assistance  in  managing  the 


concerns  of  his  own  department.  That 
such  a  work  is,  at  the  present  time,  much 
wanted,  it  needs  no  argument  to  prove,  and 
this  is  now  offered  to  the  public  at  a  reduced 
price  from  that  of  almost  every  publication 
that  falls  within  the  compass  of  Law. 


* 


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,  •  v.  - 'T'' 


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r  1  -  -  -■■■■■■■  w 


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THE 


CLERK’S  NEW  MAGAZINE* 


ARTICLES  OF  AGREEMENT. 

An  agreement  is,  when  two  or  more  minds  are 
united  in  a  thing  done  or  to  be  done,  or  where  a 
mutual  assent  is  given  to  do  or  not  to  do  a  particu¬ 
lar  act.  PL  Com . 

A  contract  is  a  bargain  between  two  persons, 
where  one  thing  is  given  for  another,  which  is  called 
Quid  pro  quo ;  and  if  there  be  not  one  thing  for 
another,  or  some  consideration,  it  is  a  nude  con¬ 
tract,  or  void  in  law. 

An  agreement  without  satisfaction  is  as  nothing 
and  a  forced  agreement  of  the  party  is  accounted 
no  agreement.  Sum.  Laws  Eng. 

Articles  of  agreement  are  used  for  ascertaining 
what  is  mutually  agreed  upon  by  the  parties  thereto, 
either  in  respect  to  the  sale  of  estates,  performance 
of  work,  service  or  any  other  thing  contracted  to 
be  done,  in  consideration  of  money,  wares,  &c.  And 
here  it  is  always  safest  either  to  have  separate 
bonds  in  sufficient  penalties,  or  an  obligatory  penal 
clause  inserted  in  the  body  of  those  articles,  for  the 
true  performance  of  what  is  therein  contracted. 

No  action  shall  be  brought,  whereby  to  charge 
any  person  upon  any  agreement  made  upon  consid¬ 
eration  of  marriage,  or  upon  any  agreement  that  is 
not  to  be  performed  within  the  spac  1  of  one  year 
from  the  making  thereof,  unless  the  agreement  upon 
which  such  action  shall  be  brought,  or  some  memo¬ 
randum  or  note  thereof,  shall  be  in  writing,  and 
signed  by  the  party  to  be  charged  therewith,  or  some 
9ther  person  thereunto  by  him  lawfully  authorised.* 

L:nvs  of  Maine » 


• 


ARTICLES  OF  AGREEMENT. 


S'* 

o 

$ 

No  contract  for  the  sale  of  any  goods,  ware?  or 
merchandizes,  for  the  price  of  thirty  dollars,  or 
more,  shall  be  allowed  to  be  good  in  law,  except 
the  purchaser  shall  accept  part  of  the  goods,  so 
sold,  and  actually  receive  the  same,  or  give  some¬ 
thing  in  earnest,  to  bind  the  bargain,  or  in  part 
payment,  or  that  some  note  or  memorandum  in 
writing  of  the  said  bargain  be  made  and  signed  by 
the  parties  to  be  charged  by  such  contract,  or  their 
agents,  thereunto  lawfully  authorised. 

Laws  of  Maine. 

A  single  penny  given  in  earnest,  and  accepted  by 
the  seller,  confirms  any  agreement  for  the  sale  of 
goods*  &c.  though  of  the  greatest  value. 

Noy's  Max . 


Articles  of  Agreement. — A  General  Form . 

Articles  of  agreement,  made  and  concluded  the  — 
day  of —  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  twenty  —  by  and  between  A  B,  of&c. 
on  one  part,  and  C  D,  of  &c.  on  the  other  part, 
witness, 

That  the  said  A  B,  for  the  consideration  hereafter 
mentioned,  hath  agreed  and  doth  hereby  covenant 
and  agree  that - - 

And  the  said  C  L>,  on  his  part,  doth  hereby  cove¬ 
nant  and  agree,  &c. 

To  the  true  and  faithful  performance  of  the  several 
covenants  and  agreements  aforesaid,  the  parties  afore¬ 
said  do  hereby  respectively  bind  themselves  and  their 
respective  heirs,  executors  and  administrators,  each 
to  the  other,  his  executors  and  administrators,  in  the 
penal  sum  of  —  And  in  testimony  whereof  they 
have  hereunto  interchangeably*  set  their  hands  and 
'Cals,  the  day  and  year  above  (or  first  above)  written. 

Sig  -ed,  sealed  and  delivered,  l  A  B  (l.  s.) 

in  presence  of  us,  y  C  D1  (l.  s.) 

'*  When  this  word  is  inserted,  it  shews  that  there'  ought  to  be  two 
draughts  executed,  v'z.  one  for  each  party. 


ARTICLES  OF  AGREEMENT. 


<Mr 

n 

Articles  for  the  Sale  of  an  Estate ,  with  a  Penal 
Clause  for  Performance  of  Covenants . 

Articles  of  agreement,  made  and  concluded,  the 
—  day  of  —  in  the  year  of  our  Lord  —  by  and  be¬ 
tween  E  B,  of  he.  of  the  one  part,  and  C  D,  of  &:c. 
of  the  other  part,  as  followeth: 

First ,  The  said  E  B  in  consideration  of  the  sum 
of  $  500,  to  be  paid  as  is  hereinafter  mentioned  and 
agreed,  doth  covenant  and  agree  with  the  said  C  D, 
that  he  the  said  E  B  shall,  on  or  before  the  —  day 
of  —  next  ensuing,  by  a  good  and  sufficient  deed  or 
instrument  in  writing,  to  be  by  him  the  said  E  B,  at 
his  own  cost  and  charge,  duly  made  and  executed, 
according  to  law,  grant,  convey  and  confirm  unto 
him  the  said  C  D,  his  heirs  and  assigns,  (Here  de¬ 
scribe  the  premises.) 

And  the  said  C  D  for  himself,  his  heirs,  executors 
and  administrators,  doth  covenant,  promise,  and 
grant,  to  and  with  the  said  E  B,  his  heirs  and  assigns, 
that  he  the  said  C  D  shall  and  will,  on  executing  the 
said  conveyance,  pay  or  cause  to  be  paid  to  the  said 
E  B  his  heirs  or  assigns,  the  said  sum  of  $500,  as 
and  for  the  purchase  money,  for  the  said  messuage 
and  premises  above  mentioned. 

And  it  is  further  agreed  by  and  between  the  said 
parties  to  these  presents,  that  the  said  C  D  his  heirs 
and  assigns,  shall  and  may,  on  or  before  he.  next, 
enter  into  and  upon  the  said  messuage  and  premises, 
and  from  thence  receive  and  take  the  rents,  issues  and 
profits  thereof,  to  his  and  their  own  uses. 

And  lastly,  For  the  due  performance  of  the  sever¬ 
al  covenants  and  agreements  aforesaid,  the  parties 
aforesaid  do  hereby  respectively  bind  themselves, 
their  heirs,  executors  and  administrators,  each  to  the 
other,  his  executors,  administrators  and  assigns,  in 
the  penal  sum  of  5$  1 000. -  In  testimony  whereof 
they  have  hereunto  interchangeably  set  their  hands 
and  seals,  the  day  and  year  above  written. 

Signed ,  fyc. 


ARTICLES  OF  AGREEMENT. 


Articles  for  the  Building  or  Rebuilding  of  Mills'^ 

Articles  of  agreement,  indented,  made  and  conclu¬ 
ded  by  and  between  E  B,  of  &,c.  C  D,  of  he.  and 
E  F,  of  he.  of  the  one  part,  and  G  H,  of  <^c.  of  the 
other  part. 

First ,  The  said  G  H,  for  the  considerations  herein¬ 
after  mentioned,  doth  covenant  and  agree  with  the 
said  E  B,  C  D  and  E  F,  and  each  and  every  of 
them,  their,  each  and  every  of  their  executors,  admin¬ 
istrators  and  assigns,  that  he  the  said  G  H  shall,  on 
or  before  he.  next  ensuing  the  day  of  the  date  of 
these  presents,  repair  and  go  to  and  there  in  a 
good  and  workmanlike  manner,  according  to  the 
best  of  his  art  and  skill,  by  and  with  the  directions 
of  the  said  E  B,  C  D  and  E  F,  or  the  one  of  them, 
well  and  sufficiently  build,  (or  rebuild,)  or  cause  to 
be  built  (or  rebuilt)  the  mills  of  he.  with  such  mate¬ 
rials  and  workmen  to  be  erupted  under  him,  as 
they  the  said  E  B,  C  D  and  E  F,  or  any  of  them, 
their,  or  any  of  their  executors,  administrators,  or  as¬ 
signs,  shall  find,  appoint,  and  provide  for  the  same. 

In  consideration  whereof,  they  the  said  E  B,  CD 
and  E  F,  do  hereby,  for  themselves*  their  and  every 
of  their  heirs,  executors,  and  administrators,  cove¬ 
nant  and  agree  with  the  said.  G  H  woll  and  truly  to 
pay,  or  cause  to  be  paid  to  the  said  G  H,  his  execu¬ 
tors,  administrators  or  assigns,  for  all  such  time  as 
he  shall  be  employed  by  them  the  said  E  B,  C  D 
and  E  F,  or  any  of  them,  in  building  (or  rebuilding) 
the  mills  aforesaid,  weekly  and  every  week,  the  wa¬ 
ges  of  six  dollars  a  week,  and  so  in  proportion  for  a 
less  time  than  a  week,  to  be  paid  to  him  the  said  G 
H,  by  the  said  E  B,  C  D  and  E  F,  some  or  one  of 
them,  at  he.  And  also  that  they  the  said  E  B,  C  D 
and  E  F,  some  or  one  of  them,  shall  and  will  pay,  or 
cause  to  be  paid,  to  him  the  said  G  PI  over  and  above 
the  wages  aforesaid,  the  sum  of  fifty  dollars,  in  man- 
mer  following,  (that  is  to  say)  twenty-five  dollars,  one 
half  thereof  to  be  paid  him  down  in  hand,  and  the 


ARTICLES  OF  AGREEMENT 

other  twenty-five  dollars  to  be  paid  on  the  finishing 
of  the  building  (or  rebuilding)  of  the  mills  aforesaid, 
to  the  satisfaction  and  good  liking  of  them  the  said 
4  EB,  C  D  and  E  F,  their  executors,  administrators 
or  assigns,  or  any  of  them. 

And  lastly ,  The  said  G  H,  doth  covenant,  promise 
and  agree,  to  and  with  the  said  E  B,  G  D  and  E  F, 
their  executors,  administrators  and  assigns,  and  eve¬ 
ry  of  them,  by  these  presents,  that  he,  the  said  G  H, 
sh^ll  not  absent  or  depart  from  the  work  and  build¬ 
ing,  (or  rebuilding)  aforesaid,  without  leave  in  wri¬ 
ting,  first  had  and  obtained  from  the  said  E  B,  C  D, 
and  E  F,  some  or  one  of  them,  for  the  doing  thereof, 
on  pain  of  forfeiting  for  every  day  of  such  absence, 
the  sum  of  one  dollar, to  be  stopped  and  deducted  by  the 
said  E  B,  C  D  and  E  F,  some  or  one  of  them,  their, 
some  or  one  of  their  executors,  administrators  or  as-1 
signs,  out  of  the  wages  aforesaid.  In  witness,  fyc. 

Signed ,  &fc. 


Agreement  for  Building  a  House . 

Be  it  remembered,  That  on  this  —  day  of  « —  it 
is  agreed  between  A  B,  of,  —  and  C  D,  of —  in  man¬ 
ner  and  form  following,  to  wit  :  the  said  C  D,  foi? 
the  considerations  hereinafter  mentioned,  doth  for 
himself,  his  heirs,  executors  and  administrators,  cov¬ 
enant  with  the  said  A  B,  his  executors,  administra¬ 
tors  and  assigns,  that  he  the  said  C  D,  or  his  assigns, 
diall  and  will  within  the  space  of  —  next  after  the 
date  hereof,  in  a  good  and  workmanlike  manner, 
and  according  to  the  best  of  his  knowledge  and  skill, 
at  —  well  and  substantially  erect,  build,  and  finish 
one  house  or  messuage,  according  to  the  draught  or 
scheme  hereunto  annexed,  of  the  dimensions  follow¬ 
ing,  viz.  he.  and  compose  the  same  with  such  stone 
or  brick,  timber  and  other  materials,  as  the  said  A 
G  or  his  assigns,  shall  find  and  provide  for  the  same; 
hi  consideration  whereof,  the  said  A  B  doth  for  him- 
.self,  his  executors  and  administrators,  covenant  with 


10 


ARTICLES  OF  AGREEMENT. 


the  said  C  D,  bis  executors,  administrators  and  as¬ 
signs,  well  and  truly  to  pay  unto  the  said  C  D,  his 
executors,  administrators  and  assigns,  the  sum  of- — 
lawful  money  of  —  in  manner  following,  to  ivit  : — 
part  thereof,  at  the  beginning  of  the  said  work,  — 
more,  another  part  thereof,  when  the  said  work  shall 
-be  half  done,  and  the  remaining  —  in  full  for  the 
said  work,  when  the  same  shall  be  completely  finish¬ 
ed:  And  also  that  he,  the  said  A  B,  his  executors, 
administrators  or  assigns,  shall  and  will,  at  his  and 
their  own  proper  expense,  find  and  provide  all  the 
stone,  brick,  tile,  timber  and  other  materials  neces¬ 
sary  for  making  and  building  of  the  said  house. 
To  the  true  and  faithful  performance  of  the  several 
articles  and  agreements  above  mentioned,  the  said 
A  B  and  C  Ddo  hereby  respectively  bind  themselves, 
their  heirs,  executors,  and  administrators,  each  to  the 
other,  in  the  penal  sum  of -  In  witness,  fyc. 

Signed 9  fyc. 


Agreement  for  Copy  Right . 

This  indenture  of  agreement,  made  and  concluded 
this  —  day  of  —  A.  D.  —  by  and  between  A  B,  of 
&c.  on  one  part,  and  C  D,  of  &ic.  on  the  other  part, 

TV  itnesseth, 

That  the  said  A  B,  for  the  consideration  hereafter 
mentioned,  hath  agreed  to  sell  and  convey,  and  doth 
by  these  presents  sell  and  convey  to  the  said  C  D, 
his  heirs  and  assigns,  the  sole  right  of  printing,  re¬ 
printing,  publishing  and  vending  a  book  whereof 
he  the  said  A  B  is  author,  entitled  —  for  the  whole 
period  that  the  same  is  secured  to  him  by  act  of  the 
Congress  of  the  United  States,  and  more  especially 
by  an  act,  entitled,  an  “Act  for  the  encouragement 
of  learning,  by  securing  the  Copy  of  Maps,  Charts 
and  Books,  to  the  Authors  or  Proprietors  of  such 
Copies,  during  the  times  therein  mentioned ;  and 
also,  to  an  act,  entitled,  “  an  Act  supplementary  to 
5111  act,  entitled,  an  act  for  the  encouragement  of 


ARTICLES  OF  AGREEMENT. 


11 


learning,  by  securing  the  copies  of  Maps,  Charts 
and  Books  to  the  authors  and  proprietors  of  such 
copies,  during  the  times  therein  mentioned,  and 
extending  the  benefits  thereof  to  the  arts  of  design¬ 
ing,  engraving,  and  etching  historical  and  other 
prints.”  And  he  the  said  A  B,  doth  hereby  cove¬ 
nant  with  the  said  C  D,  that  before  the  publication 
of  said  Book,  lie  deposited  a  printed  copy  of  the 
Title  thereof,  in  the  Clerk’s  Office  of  the  District 
Court,  wherein  he  the  said  A  B  then  resided,  and 
did  also  publish  a  copy  of  the  Record  thereof  with¬ 
in  the  time,  and  in  the  manner,  directed  by  said  act ; 
and  did  also  lodge  a  copy  thereof  in  the  office  of 
the  Secretary  of  State,  as  by  said  act  is  directed. 

[And  the  said  A  B  doth  further  covenant  and 
agree  with  the  said  C  D,  to  make  such  corrections 
and  amendments  to  each  and  every  future  edition 
of  said  work,  as  shall  appear  (or  as  shall  be  sug¬ 
gested  by  said  C  D)  to  him,  previous  to  the  printing 
of  the  same,  to  be  necessary  and  useful.] 

And  the  said  C  D,  on  his  part,  for  himself,  his 
heirs,  executors  and  administrators,  doth  hereby 
covenant  and  agree  to  pay  to  the  said  A  B,  on  or 
before  the  —  day  of —  the  sum  of  —  in  manner 
following,  that  is  to  say  he.  And  they  do  further 
covenant  and  agree  to  pay  and  deliver  to  the  said 
A  B,  or  his  order,  —  copies,  well  bound  and  lettered, 
out  of  every  edition  not  exceeding  —  hundred  copies, 
which  they  shall  print,  and  so  in  proportion  for  any 
edition  of  a  larger  number. 

In  testimony  whereof,  the  parties  aforesaid,  have 
hereunto,  interchangeably  set  their  hands  an*l  sealjj, 
the  day  above  written. 

Signed,  fyc. 


12 


AftSIGNMEM1* 


ASSIGNMENTS. 

An  Assignment  is  the  transferring  and  setting 
over  to  another,  of  some  right,  title  or  interest  iu 
things,  in  which  a  person  not  a  party  to  the  assign¬ 
ment,  has  a  concern  and  interest.  The  person  as¬ 
signing  is  called  the  Assignor,  and  he  to  whom  the 
assignment  is  made,  the  Assignee. 

If  a  person  hath  a  term  for  years,  he  cannot 
assign  it,  unless  he  be  actually  in  possession  ;  and  if 
he  be  not,  the  assignment  must  be  executed  upon  the 
premises  intended  to  be  assigned.  Co.  Lit.  46,  47. 

Upon  an  assignment  of  a  lease  for  years,  the 
lesser  may,  at  his  election,  charge  either  the  lessee 
or  assignee  with  the  rent ;  but  if  he  accept  rent  from 
the  assignee,  knowing  of  the  assignment,  he  hath 
determined  his  election,  and  cannot  afterwards 
charge  the  lessee  for  rent  growing  due.  3  Rep.  23. 


Assignment  of  a  bond  by  endorsement. 

Know  all  men  by  these  presents,  That  I,  L  M,  of 
*&ic.  in  consideration  of  the  sum  of  — ,  paid  to  me  by 
A  B,  of  he.  have  granted,  bargained,  sold,  trans¬ 
ferred  and  assigned,  and  by  these  presents,  do  grant, 
&c.unto  the  said  A  B,  the  within  written  bond  and  ob¬ 
ligation,  being  a  bond  made, and  executed  to  me  by  E 
X),  of&c.  and  conditioned  for  the  payment  of — .  And 
I  do  hereby  constitute  and  appoint  the  said  A  B,  my 
attorney  irrevocable,  with  full  power  to  ask,  dc- 
jnand,  and  if  need,  to  sue  for,  recover  and  receive 
;the  principal  and  interest  due  upon  the  same  to  his 
own  use,  and  when  payment  shall  be  made,  to  can¬ 
cel  the  said  bond,  and  give  a  release  or  releases, 
discharge  or  discharges,  for  the  same.  And  I  do 
.grant  to  my  said  attorney,  power  of  substituting  one 
or  more  attornies  under  him,  if  he  see  fit,  engaging 
to  ratify  and  confirm  whatever  he  shall  lawfully  do 
in  and  about  the  premises. 

In  witness  fyc. 


ASSIGNMENTS. 


13 


Assignment  of  a  Lease . 

To  all  to  whom  these  presents  shall  come, 

Greeting . 

Whereas  G  H,  of  — ,  on  the  —  day  of  - — ,  by  an 
indenture  of  lease  of  that  date,  made  between  him, 
the  said  G  H,  on  one  part,  and  L  M  of  — ,  on  the 
other  part,  for  a  certain  consideration  therein  men¬ 
tioned,  did  grant,  lease,  and  farm  let,  &;c.  (here  de¬ 
scribe  the  'premises)  for  and  during  the  term  of  — 
years,  as  in  and  by  the  said  lease,  relation  thereto 
being  had,  will  fully  appear:  And  whereas  the  said 
L  M  hath  agreed  to  assign  and  make  over  to  the 
said  G  H,  the  premises  aforesaid  : 

Therefore  know  ye ,  That  I,  the  said  L  M,  for  and 
in  consideration  of  the  sum  of  — ,  to  me  in  hand  paid 
by  the  said  G  H,  have  granted,  transferred,  assigned 
and  made  over,  and  do  hereby  grant,  &ic.  to  the  said 
G  H,  his  heirs,  executors,  administrators  and  assigns, 
the  said  premises]  above  described,  and  every  part 
or  parcel  thereof,  for  and  during  all  the  residue  and 
remainder  of  the  said  term  of  — . 

To  have  and  to  hold  the  said  ( premises )  to  him 
the  said  G  H,  his  heirs  and  assigns,  with  all  the  privi¬ 
leges  and  appurtenances.thereto  belonging,  in  as  full 
and  ample  manner,  to  all  intents  and  purposes,  as  I 
the  said  L  M  might  hold  and  enjoy  the  same  by  vir¬ 
tue  of  the  lease  aforesaid.  And  I  do  for  myself,  my 
heirs,  executors  and  administrators,  covenant  with 
the  said  G  H,  his  heirs  and  assigns,  that  I  have  good 
right,  full  power  and  lawful  authority  to  assign  the 
said  (premises)  to  him,  the  said  G  H*  to  hold  as  afore¬ 
said.  And  that  he,  the  said  G  H,  his  executors,  ad¬ 
ministrators  and  assigns,  paying  the  rent,  and  per¬ 
forming  the  conditions  and  covenants  in  said  lease 
mentioned  to  be  on  my  part  performed,  shall  and 
may,  during  the  residue  of  the  term  aforesaid,  peace¬ 
ably  and  quietly  have,  hold,  occupy,  possess  and  en¬ 
joy  the  said  (premises)  with  the  appurtenances,  with¬ 
out  any  let,  trouble  or  molestation  by  or  from  me, 

2 


14 


ASSIGNMENTS. 


the  said  LM,  my  heirs,  executors  or  administrators, 
or  any  other  person  or  persons  lawfully  claiming 
the  same  by,  from  or  under  me,  them  or  any  of  them. 

In  ivitnessj  fyc. 

Another ,  by  indorsement. 

Know  all  men  by  these  presents,  That  I,  W  M, 
of  — ,  in  consideration  of  the  sum  of — ,  to  me  paid 
by  W  S,  of — ,  have  granted,  assigned,  transferred 
and  made  over,  and  do  hereby  grant,  &c.  to  the  said 
W  S,  his  heirs  and  assigns,  the  within  described 
premises  (or  — ,  described  in  the  within  written 
lease,  for  and  during  the  term  of  — •  or  all  the  res¬ 
idue  and  remainder  of  the  term  therein  mentioned.) 

To  have  and  to  hold  the  same,  with  the  privileges 
and  appurtenances  thereof,  to  the  said  W  S,  in  as 
full  and  ample  manner  as  the  same  is  conveyed  to 
me,  (or  as  I  might  hold  and  enjoy  the  same  by  the 
within  lease)  he  the  said  W  S,  his  heirs,  executors 
or  administrators  performing  the  conditions  and 
covenants  therein,  of  me  required. 

And  I  do  covenant  with  the  said  W  S,  his  heirs 
and  assigns,  That  I  have  good  right  to  assign  the 
said  (premises)  as  aforesaid,  and  that  he,  the  said  W 
S,  shall  and  may  hold  andjenjoy  the  said  (premises) 
for  and  during  the  residue  of  the  term  aforesaid, 
free  of  all  molestation  from  me,  my  heirs,  executors 
or  administrators,  or  any  person  or  persons  lawfully" 
claiming  the  same  under  me  or  them,  or  any  of  them. 

In  witness ,  fyc. 

Assignment  of  a  Mortgage . 

To  all  people  to  whom  these  presents  shall  come. 
I,  C  D,  of  — ,  &c.  send  greeting. 

Whereas  A  B,  of  — ,  on  the  —  day  of  — ,  by  his 
deed  of  mortgage  of  that  date,  for  the  consideration 
of  — ,  did  grant,  bargain,  sell  and  convey  to  me  the 
said  C  D,  my  heirs  and  assigns,  (here  recite  the 
premises )  to  have  and  to  hold  the  same  to  me  the 
said  C  D,  my  heirs  and  assigns,  forever,  upon  the 


ASSIGNMENTS. 


15 


conditions  hereafter  mentioned,  viz.  That  he  the 
said  A  B  should  —  pay,  he.  (here  insert  the  condi¬ 
tion.)  And  whereas  I  have  agreed  to  assign  the 
said  mortgage  to  the  said  W  S,  of —  :  Therefore 
know  ye,  That  I  the  said  C  D,  in  consideration  of 
the  sum  of  — ,  to  me  in  hand  paid  before  the  en- 
seqjing  hereof,  by  the  said  W  S,  do  by  these  presents 
grant,  bargain,  sell,  transfer,  assign  and  make  over 
to  the  said  C  D,  his  heirs  and  assigns  forever,  the 
said  (premises.)  To  have  and  to  hold  the  same  to 
him  the  said  W  S,  his  heirs  and  assigns  forever,  as 
fully  and  in  as  ample  manner  as  I,  the  said  C  D, 
my  heirs  or  assigns  might  hold  and  enjoy  the  same 
by  virtue  of  the  mortgage  deed  aforesaid,  and  no 
otherwise.  And  I  do  for  myself,  my  heirs,  execu¬ 
tors  and  administrators,  hereby  authorise  and  em¬ 
power  the  said  W  S,  his  heirs,  executors  and  ad¬ 
ministrators,  to  receive  to  his  and  their  own  use  the 
sum,  or  sums,  mentioned  in  the  condition  of  said 
deed,  whenever  the  same  shall  be  tendered  or  paid 
to  him  or  them  by  the  said  A  B,  his  heirs,  executors 
or  administrators,  agreeably  thereto,  and  to  discharge 
the  said  mortgage,  or  re-eonvey  the  premises  upon 
redemption  thereof,  as  by  law  is  provided,  as  fully 
to  all  intents  and  purposes  as  I,  the  said  C  D,  my 
heirs,  executors  or  administrators  might,  or  ought, 
to  have  discharged  or  re-conveyed  the  same  in  case 
of  such  tender,  payment  or  redemption,  as  if  this 
assignment  had  not  been  made.  And  I  do  for  my¬ 
self,  my  heirs,  executors  and  administrators,  cove¬ 
nant  with  the  said  W  S,  his  heirs  and  assigns,  that 
I  have  good  right  to  assign  the  said  (premises )  as 
aforesaid,  and  that  he,  the  said  W  S,  shall  and  may 
have,  hold,  occupy,  possess  and  enjoy  the  same 
(subject  however  to  the  right  of  redemption  as  by 
law  in  such  cases  is  provided)  against  the  lawful 
claim  of  all  persons.  In  witness ,  fyc. 


16  ARBITRATIONS  AND  AWARDS. 

Assignment  of  a  Man's  whole  Estate  in  Considera¬ 
tion  of  several  Debts  and  Engagements. 

To  all  People  to  whom  these  presents  shall  come, 
I,  B  C,  of  — ,  send  greeting.  Whereas  I  am  indebt¬ 
ed  unto  G  H,  of  - - ,  in  the  sum  of  - , 

and  the  said  G  H  and  one  C  D,of — ,  stand  jointly 
and  severally  engaged  for  me,  the  said  B  C,  in  sev¬ 
eral  bonds  or  obligations  for  several  sums  of  money: 
J Vow  know  ye,  That  I,  the  said  B  C,  for  and  towards 
the  payment  and  satisfaction  of  the  said  monies,  and 
for  divers  other  good  causes  and  considerations  me 
thereunto  moving,  have  granted,  assigned,  bargain¬ 
ed  and  sold,  and  by  these  presents  do  freely  and 
absolutely  grant,  &c.  unto  the  said  G  H  and  C  D, 
all  and  ail  manner  of  goods,  chattels,  debts,  monies 
and  all  other  things  of  me,  the  said  B  C,  whatsoever, 
as  well  real  as  personal,  of  what  kind,  nature  or 
quality  soever  :  To  have  and  to  hold  the  same,  and 
every  part  and  parcel  thereof,  unto  them  the  said  G 
H  and  C  D,  their  executors,  administrators  and  as¬ 
signs  forever.  In  witness ,  fyc. 


OF  ARBITRATIONS  AND  AWARDS. 

That  act,  by  which  parties  refer  any  matter  in 
dispute  between  them  to  the  private  decision  of 
another  party,  is  called  a  submission  ;  the  party,  to 
whom  the  reference  is  made,  an  Arbitrator  or  Arbi¬ 
trators.  The  judgment  given  or  determination  made 
by  an  arbitrator  or  arbitrators,  is  termed  an  award. 

Jac.  L .  Die. 

It  is  necessary,  in  most  cases,  that  the  award  be 
in  writing. 

By  a  law  of  the  State  of  Maine,  it  is  provided, 
That  when  any  persons,  who  may  have  a  dispute  of 
what  nature  soever,  shall  agree  to  have  the  dispute 
determined  by  referees  mutually  chosen  by  the  par¬ 
ties  for  the  purpose,  it  shall  and  may  be  lawful  for 
the  person  or  persons  making  the  demand  in  the 


ARBITRATIONS  AND  AWARDS.  1  7 

action,  to  make  out  a  particular  statement  thereof 
under  his  or  their  hands  hi  writing,  and  to  lodge  the 
same  with  some  one  Justice  of  the  Peace  ;  and  the 
said  Justice  of  the  Peace,  upon  application  of  the 
parties  for  the  purpose,  shall  make  out  an  agree¬ 
ment  to  be  annexed  to  the  aforesaid  demand,  and  to 
be  by  them  or  their  lawful  agents  or  attornies,  sub¬ 
scribed  and  acknowledged  in  substance  as  follows  : 
Town  of  — ,  in  the  county  of — ,  18  Know  all  men, 

that  A  B,  of - ,  in  the  county  of  - ,  and 

C  D,  of - -,  in  the  county  of - ,  have  agreed  to 

submit  the  demand  made  by  the  said  A  B  against 
the  said  C  D,  which  is  hereunto  annexed,  (and  all 
other  demands,  as  the  case  may  be,)  to  the  deter¬ 
mination  of  E  F,  G  H  and  J  K,  the  report  of  whom, 
or  the  major  part  of  whom,  being  made  as  soon  as 
may  be  to  any  Court  of  Common  Pleas,  to  be  hol- 
den  in  and  for  the  said  county  of  — ,  judgment 
thereon  to  be  final.  And  if  either  of  the  parties 
shall  neglect  to  appear  before  the  referees,  after 
proper  notice  being  given  them,  of  the  time  and 
place  appointed  by  the  referees,  for  hearing  the  par¬ 
ties  in  this  action,  the  referees  shall  have  power  to 
proceed  ex  parte.  AB  and  C  D. —  S —  ss.  18 
Then  the  abovenamed  A  B  and  C  D  personally  ap¬ 
peared  and  acknowledged  the  above  instrument  by 
them  subscribed  to  be  their  free  act.  Before  me, 
LM,  Justice  of  the  Peace. 

It  is  further  provided,  That  the  determination  of 
the  referees  shall  be  made  to  the  next  C.  C.  P.  to 
be  holden  in  and  for  the  county  in  which  the  Justice 
of  the  Peace  lived  at  the  time  he  issued  the  agree¬ 
ment,  unless  the  parties  shall  agree  that  the  said  de¬ 
termination  may  be  made  known,  prior  to  its  being 
made  to  the  C.  C.  P.  ;  in  which  case  the  referees 
may  make  it  known  and  the  party  so  found  indebt^ 
ed  may  discharge  himself  therefrom  and  prevent 
further  process,  by  properly  paying  the  sura 
awarded. 


*2 


18 


BONDS 


Form  of  an  Award. 

We  the  subscribers,  referees,  appointed  by  the 
foregoing  rule,  having  duly  notified  the  parties 
therein  named,  met  them  at  the  dwelling  house  of — 
in  — ,  this  —  day  of  — ,  and  having  heard  their  sev¬ 
eral  pleas,  proofs,  and  allegations,  and  maturely 
considered  the  same,  do  award  and  determine,  and 
this  is  our  final  award  and  determination  in  the 
premises,  that  the  said  A  B  do  recover  of  the  said 
C  D,  the  sum  of  —  damage,  and  costs  of  reference 
taxed  at  — ,  (the  costs  of  Court  to  be  taxed  by  the 
Court  :)  all  which  is  humbly  submitted. 

E  F,  ) 

GH,  >  Referees. 

j  M 

Note.  Bonds  are  sometimes  mutually  given,  with  or  without  surety, 
to  bind  the  parties  more  strongly  to  the  performance  of  the  award. 
See  under  the  article  Bonds. 


BILLS  OF  SALE. 

SEE  AMONG  MERCANTILE  FORMS. 

Of  Bonds  and  the  Conditions  thereof. 

A  Bond  or  Obligation,  is  a  deed  whereby  the  o5- 
Ugor,  .or  person  bound,  obliges  himself,  his  heirs, 
executors  and  administrators,  to  pay  a  certain  sum 
of  money  to  another  (the  obligee)  at  a  day  appoint¬ 
ed.  Jac.  L.  Die. 

If  the  bond  be  without  a  condition,  it  is  called  a 
single  one  ;  but  there  is  generally  a  condition 
added,  that  if  the  obligor  does  some  particular  act, 
the  obligation  shall  be  void,  or  else  shall  remain  in 
full  force  ;  as  payment  of  rent,  performance  of  cov¬ 
enants  in  a  deed,  or  repayment  of  a  principal  sum 
of  money  borrowed  of  tfie  obligee,  with  interest  ; 
which  principal  sum  is  usually  one  half  of  the  penal 
sum  specified  on  the  bond.  Ibid. 

The  condition  is  commonly  at  the  foot  of  the  ob^ 
ligation*. 


BONDS. 


19 


If  no  place  is  mentioned  fur  payment  of  the  money 
specified  in  a  condition,  the  obligor,  on  pain  of  for¬ 
feiting  his  obligation,  is  to  find  out  the  person  of 
the  obligee,  if  he  be  in  the  State,  and  tender  the 
money  ;  but  where  a  place  is  mentioned,  he  is  not 
obliged  to  seek  any  further.  By.  14.  271. 


A  Bond,  with  a  Condition  from  One  to  One . 

Know  all  men  by  these  presents,  that  1,  C  D,  of 
&c.  in  the  county  of  &c.  am  held  and  stand  firmly 
bound  and  obliged  to  E  F,  of  &c.  in  the  sum  of  two 
hundred  dollars  to  be  paid  to  the  said  E  F,  his  ex¬ 
ecutors,  administrators  or  assigns  ;  to  the  which 
payment,  well  and  truly  to  be  made,  I  bind  myself, 
my  heirs,  executors,  and  administrators,  firmly  by 
these  presents  :  Sealed  with  my  seal.  Dated  the  — 
day  of  — ,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and 

The  condition  of  this  obligation  is  such,  That  if 
the  above  bound  C  D,  his  heirs,  executors  or  ad¬ 
ministrators,  do  and  shall  well  and  truly  pay,  or 
cause  to  be  paid,  unto  the  above  named  E  F,  his 
executors,  administrators  or  assigns,  the  full  sum  of 
one  hundred  dollars,  with  legal  interest  for  the  same, 
on  or  before  the  —  day  of —  next  ensuing  the  date 
hereof :  Then  this  obligation  to  be  void,  or  other¬ 
wise  to  be  and  remain  in  full  force  and  virtue. 

Signed,  fyc. 


A  Bond,  with  a  Condition  from  Two  to  One. 

Know  all  men  by  these  presents,  that  we,  C  D,  of 
&c.  and  E  F,  of  &c.  are  held  and  stand  firmly  bound 
to  G  H,  of  &c.  in  three  hundred  dollars,  to  be  paid 
to  the  said  G  II,  his  executors,  administrators  or 
assigns  ;  to  the  which  payment  w  ell  and  truly  to  be 
made,  we  bind  ourselves,  and  each  of  us,  by  himself, 
(if  one  of  the  obligors  be  a  woman ,  write  thus ,  viz.  *, 


20 


BONDS. 


by  him  and  herself)  for  and  in  the  whole,  our  heirs, 
executors  and  administrators,  and  each  of  us,  firmly 
by  these  presents:  Sealed  with  our  seals.  Dated,  &:c. 

The  condition  of  this  obligation  is  such,  That  if 
the  above  bound  C  D  and  E  F,  or  either  of  them, 
their,  or  either  of  their  heirs,  executors  or  adminis¬ 
trators,  do  and  shall  well  and  truly  pay,  or  cause  to 
be  paid,  to  the  said  G  H,his  executors,  administra¬ 
tors  or  assigns,  the  full  sum  of  one  hundred  and 
fifty  dollars,  with  legal  interest  for  the  same,  on  or 
before  the,  &c.  which  shall  be  in  the  year  of  our 
Lord  &lc.  Then  &c.  Otherwise  &c. 

Notf.  In  case  of  a  Bond  from  Three  to  One,  One  to  Two,  Two  t« 
Two,  Three  to  Three  &c.  the  necessary  variations  from  One  to  One  &c. 
may  easily  be  made,  so  as  to  answer  every  need. 


A  Bail  Bond . 

Know  all  men  by  these  presents,  that  we  G  H,  of 
&c.  J  K,  of  &c.  and  L  M,  of  &lc.  are  held  and  firmly 
bound  to  N  0,Esq.  Sheriff  of  the  county  of — afore¬ 
said,  in  the  sum  of  one  hundred  dollars,  to  be  paid 
to  the  said  sheriff,  his  executors,  administrators  or 
assigns  ;  for  which  payment  well  and  truly  to  be 
made,  we  bind  ourselves,  and  every  of  us  by  him¬ 
self,  for  and  in  the  whole,  our  heirs,  executors  and 
administrators,  and  of  every  of  us,  firnjfy  by  these 
presents.  Sealed  with  our  seals.  Dated  the  &lc.  in 

the  —  year  of  our  Lord  &c. 

%/ 

The  condition  of  this  obligation  is  such,  That  if 
the  above  bound  G  H,  do  appear  before  the  Justices 
of  the  —  Court  of  — ,  which  is  to  be  holden  at  — , 
within  and  for  the  said  county  of  — ,  on  the  — 
Tuesday  of&c.  to  answer  to  R  S,  Esq.  in  a  plea  of 
—  (here  pursue  the  words,  or  set  Jorih  the  substance 
of  the  ivrit.)  As  set  forth  in  the  writ,  and  shall  abide 
the  order  and  judgment  of  the  Court  thereon.  Then 


BONDS.  21 

this  obligation  to  be  void  :  Otherwise  to  be  and  re¬ 
main  in  full  force  and  virtue. 

Note.  By  the  Laws  of  the  State  of  Maine,  it  is  provided,  that  when 
bail  is  given  in  any  civil  action,  and  judgment  obtained  against  the  de¬ 
fendant,  the  officer,  who  may  receive  the  execution  issued  upon  the 
same,  shall  give  notice  to  the  bail  personally,  or  in  writing, (if  he  be  living 
in  the  same  county,)  at  least  fifteen  days  before  the  expiration  thereof, 
certifying  that  he  cannot  find  the  debtor,  nor  whereof  to  satisfy  the  exe¬ 
cution  ;  and  the  person  who  may  have  become  bail,  may  commit  the 
debtor  to  gaol  in  the  same  manner,  as  the  officer  might  have  done,  being 
allowed  fifteen  days,  within  which  time  he  must  deliver  a  copy  of  the 
writ  or  process,  whereby  the  original  arrest  was  made.  He  may  also 
commit  or  deliver  the  debtor  after  scire  facias  is  issued,  at  any  time  be¬ 
fore  final  judgment,  by  paying  costs.  Bail  is  not  discharged  by  such 
commitment  unless  he  shall  have  left  a  notice  in  writing  of  the  same, 
with  the  plaintiff  or  his  attorney,  within  fifteen  days  after  commitment. 
Bail  may  at  any  time  before  final  judgment  in  the  original  suit,  bring  the 
principal  into  court,  and  deliver  him  into  custody. 


The  Condition  of  an  Arbitration  Bond. 

The  condition  gf  this  obligation  is  such,  That 
whereas,  the  above  named  A  B  and  C  D,  have  this 
day  agreed  to  submit  to  the  arbitrament  and  final 

determination  of  E  F,  of  &c.  G  H,  of - ,  and 

J  K,  of - ,  the  demand  made  by  the  said  A  B, 

against  the  said  C  D,  which  is  to  said  agreement 
in  writing  annexed,  to  wit :  ( Here  insert  the  demand.) 
( If  the  reference  is  concerning  all  demands,  then 
say ,  and  all  demands,  actions,  or  causes  of  action 
and  disputes  of  what  nature  and  kind  soever,  which 
now  remain  unsettled  by  and  between  said  parties.) 
Now  if  the  above  bound  A  B,  his  heirs,  executors  or 
administrators,  and  every  of  them,  for  and  on  his 
and  their  part  and  behalf,  shall  well  and  truly  stand 
to,  abide  by,  perform,  fulfil  and  keep  the  award  and 
final  determination  of  said  referees,  according  to  the 
true  intent  thereof,  then  this  obligation  to  be  avoid  : 
otherwise  he. 


A  Condition  of  a  Bond  to  be  given  by  one  who  com¬ 
mences  an  Action  of  Replevin. 

The  condition  of  the  above  obligation  is  such. 
That  whereas  the  said  C  D  hath  this  day  comraenc- 


BONDS. 


22 

ed  against  the  said  S  P,  an  action  of  replevin,  for 
(here  insert  the  beasts ,  goods  or  chattels)  which  he 
says  the  said  S  P  hath  unlawfully  taken. 

Now  therefore,  if  the  said  CD  shall  prosecute 
the  said  replevin  to  final  judgment,  and  pay  such 
damages  and  costs  as  the  said  S  P  shall  recover 
against  him  ;  and  also  return  and  restore  the  same 
goods  and  chattels  in  like  good  order  and  condition 
as  when  taken,  in  case  such  shall  be  the  final  judg¬ 
ment  ;  then  the  said  obligation  to  be  void.  Other¬ 
wise  &c. 


A  Condition  of  a  Bond  of  Indemnity ,  on  a  Sheriff’s 

granting  a  Replevin . 

The  condition  of  this  obligation  is  such,  That  if 
the  above  bound  A  B  do  appear  at  the  next  coun¬ 
ty  court  to  be  holden  at  — ,  in  the  county  of  he, 
aforesaid,  and  then  and  there  prosecute  his  action 
with  effect  against  C  D  for  the  taking  and  detain¬ 
ing  his  cattle,  that  is  to  say ,  one  cow,  two  horses, 
he.  [Here  set  forth  the  goods  taken ]  and  do  also 
make  return  thereof,  if  a  return  shall  be  adjudged  by 
law  ;  and  also  do  keep  harmless,  and  indemnify  the 
above  named  sheriff,  his  under  sheriffs  and  bailiffs 
for,  touching  and  concerning  the  replevying  and 
delivery  of  the  said  cattle,  he.  Then  he.  Other- 
wise  he. 

Note.  A  larger  number  of  forms  under  this  head  is  deemed  unneces¬ 
sary,  in  as  much  as,  the  beginning  and  ending  of  every  obligation  is  the 
same.  The  intervening  part  alone  must  be  varied  to  suit  the  nature  of 
the  case. 


OF  CONVEYANCES. 

A  conveyance  is  a  deed  which  passes  or  conveys 
land  from  one  man  to  another. 

The  most  common  conveyances  now  in  use  are 
Deeds  of  Warranty,  Quitclaim,  Mortgage,  Lease, 
Release  and  Will, 


COVENANTS.— DEEDS. 


23 


OF  COVENANTS. 

A  Covenant  is  the  consent  or  agreement  of  two 
or  more,  by  deed  in  writing,  sealed  and  delivered. 

All  covenants  between  persons,  must  be  to  do  what 
is  possible  and  lawful,  or  they  will  not  be  binding. 

Jacob's  Diet . 

All  covenants  must,  as  to  time  and  place,  be  exact¬ 
ly  performed,  and  no  cause  of  action  can  arise  from 
thence  till  some  breach  thereof. 

If  no  time  be  limited  for  the  doing  of  a  thing,  it 
shall  be  done  in  a  reasonable  time. 

Where  one,  by  his  own  act,  disables  himself  to 
perform  a  covenant,  it  is  a  breach  of  it. 

Wood's  Inst. 

Note.  A  covenant  is  most  generally  a  part  only  of  the  instrument 
in  which  it  is  contained,  as  in  a  Deed  of  Warranty,  Lease,  &c.  The 
warrantor,  lessor,  &c.  covenants  that  he  has  good  right  and  lawful  au¬ 
thority  to  do  the  same — that  the  premises  are  free  of  all  incumbrances 
&c.  It  is  therefore  unnecessary  to  insert,  under  this  head,  forms  that 
are  only  a  repetition  of  what  may  be  found  in  the  body  of  other  writings. 


OF  DEEDS. 

A  Deed  is  ail  instrument  sealed  and  delivered, 
comprehending  a  contract  or  bargain  between  par¬ 
ty  and  party.  Wood's  Tnst . 

It  is  requisite  that  a  deed  be  founded  upon  good 
and  sufficient  consideration,  and  made  by  persons 
able  to  contract  and  be  contracted  with. 

Black.  Com . 

Of  deeds  there  are  two  sorts,  deeds  indented and 
deeds  poll .  A  deed  indented  is  defined  to  be  “  a 
deed  consisting  of  two  or  more  parts,  in  which  it  is 
expressed  that  the  parties  have,  to  every  part  there¬ 
of  interchangeably  set  their  several  seals.”  A  deed 
poll  is  a  deed  testifying  that  only  one  of  the  parties 
$o  the  agreement  hath  put  his  seal  to  the  same^ 


24 


DEEDS. 


where  such  party  is  the  principal  or  only  person, 
whose  consent  or  act  is  necessary  to  the  deed. 

Jacob's  Diet . 

Noth. — By  a  decision  of  the  S.  J.  C.  of  the  State  of  Maine  it 
lias  been  determined  that  a'  deed  under  seal,  duly  executed,  acknowl¬ 
edging  the  receipt  of  the  consideration  thereof,  is  an  estoppel  to  all  ver¬ 
bal  testimony  to  the  contrary. 

JVarrantee  Deed. 

Know  all  men  by  these  presents,  That  I,  A  B,  of, 
&lc.  in  consideration  of  the  sum  of  — ,  paid  me  by 
C  D,  of  he.  the  receipt  whereof  I  do  hereby  ac¬ 
knowledge,  do  hereby  give,  grant,  bargain,  sell  and 
convey  unto  the  said  C  D,  his  heirs  and  assigns 
forever.  ( Here  insert  the  premises.)  To  have  and 
to  hold ,  the  aforegranted  and  bargained  premises, 
with  the  privileges  and  appurtenances  thereof,  to 
him,  the  said  C  D,  his  heirs  and  assigns,  to 
his  and  their  use  and  behoof  forever.  And  I  do 
covenant  with  the  said  C  D,  his  heirs  and  assigns, 
that  I  am  lawfully  seized  in  fee  of  the  premises ; 
that  they  are  free  of  all  incumbrances;  that  I  have 
good  right  to  sell  and  convey  the  same  to  the  said 
C  D,  to  hold  as  aforesaid ;  and  that  I  will  warrant 
and  defend  the  same  to  the  said  C  D,  his  heirs  and 
assigns  forever,  against  the  lawful  claims  and  de¬ 
mands  of  all  persons. 

[And  S,  wife  of  the  said  A  B,  in  consideration  of 
ten  cents,  to  her  paid,  the  receipt  whereof  she  doth 
hereby  acknowledge,  doth  hereby  release  to  the  said 
C  D,  his  heirs  and  assigns,  all  her  right  and  title  of 
dower  in  the  aforegranted  premises.;* 

In  witness  whereof,  I,  the  said  A  B,  have  hereun¬ 
to  set  my  hand  and  seal,  the  —  day  of,  he. 

Signed,  sealed  and  delivered , 
in  presence  of  us, 

C — ,  ss.  18  .  Personally  appeared  and  ac¬ 

knowledged  the  above  instrument  to  be  his  free  act, 
and  deed.  Before  me,  Just,  of  the  Peace.f 

*  When  the  person  giving  the  deed  has  no  wife,  at  the  time  of  giving 
the  same,  the  covenant  concerning  dower  may  be  omitted. 

f  All  deeds  must  be  thus  acknowledged.  See  Laws  of  Maine . 


A  B. 


DEEBS. 


Quitclaim  Deed. 

Know  all  men,  &ic.  (as  in  the  preceding) — do 
hereby  remise,  release,  and  forever  quitclaim  unto 
the  said  C  D,  his  heirs  and  assigns,  all  the  right, 
title  and  interest,  which  I  have  in  and  to  (here  in¬ 
sert  the  premises.)  To  have  and  to  hold  the  same, 
together  with  all  the  privileges  and  appurtenances 
thereto  belonging,  to  him  the  said  C  D,  his  heirs 
and  assigns  forever.  And  I  do  covenant  with  the 
said  C  D,  his  heirs  and  assigns,  that  I  will  warrant 
and  defend  the  premises  to  him,  the  said  C  D,  his 
heirs  and  assigns  forever,  against  the  lawful  claims 
and  demands  of  all  persons  claiming,  by,  through, 
or  under  me.  In  ivitness, 


Mortgage  Deed. 

Know  all  men,  he.  (as  in  Warrantee.) 

Provided  nevertheless ,  That  if  I,  the  said  A  B, 
my  heirs,  executors  or  administrators,  shall  welland 
truly  pay  to  the  said  C  D,  his  heirs,  executors,  ad¬ 
ministrators  or  assigns,  the  full  and  just  sum  of  — 
on  or  before  the  —  day  of  —  next  (or  which  will  he 
in  the  year  of  our  Lord  — )  with  lawful  interest  for 
the  same  until  paid,  then  this  deed,  [as  also  a  cer¬ 
tain  bond,  (or  note,  as  the  case  may  be)  bearing  even 
date  with  these  presents,  given  by  me  to  the  said  C 
D,  conditioned  to  pay  the  same  sum  and  interest  at 
the  time  aforesaid]  shall  be  void  ;  otherwise  shall 
remain  in  full  force  and  virtue.  In  witness  whereof 
fyc. 


Deed  given  by  the  Inhabitants  of  a  town. 

Know  all  men  he.  that  the  inhabitants  of  the  town 
of  — ,  in  the  county  of  — ■,  and  State  of  — ,  in  con¬ 
sideration  of  the  sum  of  — ,  to  them  paid  by  A  B,  of 
- — ,|the  rece'pt  whereof  they  do  hereby  acknowledge, 
have  given,  granted,  bargained,  sold  and  conveyed, 
and  by  these  presents,  do  give  &c.  unto  the  said  A 


26 


DEEDS. 


B,  his  heirs  and  assigns,  a  piece  of  land  he.  To 
have  and  to  hold  he.  (in  common  form.) 

And  the  said  inhabitants,  for  themselves  and  their 
successors,  do  hereby  covenant  with  the  said  A  B, 
his  heirs  and  assigns,  that,  at  the  execution  of  these 
presents,  the  said  inhabitants  are  lawfully  seized  in 
fee  of  the  bargained  premises  ;  that  the  same  are 
free  from  all  incumbrances  ;  that  the  said  inhabitants 
have  good  right,  full  power  and  lawful  authority,  to 
sell  and  convey  the  same  to  the  said  A  B,  in  man¬ 
ner  aforesaid ;  and  that  the  said  inhabitants  and 
their  successors,  shall  and  will,  warrant  and  defend 
the  same  to  the  said  A  B,  his  heirs  and  assigns  for¬ 
ever,  against  the  lawful  claims  and  demands  of  all 
persons  whatsoever. 

In  witness  whereof  the  inhabitants  of  the  said 
town,  by  the  hands  of  C  D,  their  Treasurer  (or  any 
other  person  or  persons,  as  the  case  may  be,)  hereunto 
duly  authorized  by  a  vote  of  the  inhabitants  of  the 
said  town,  at  a  meeting  legally  holden  for  that  pur¬ 
pose  on  — ,  have  hereunto  set  their  seal,  and  the 
said  treasurer  hath  here  under  written  his  name. 

In  witness ,  fyc. 


Deed  by  husband  and  wife  of  the  wife’s  real  estate. 

To  all  persons  to  whom  these  presents  shall  come, 
A  B,  of  — ,  gentleman,  and  C  his  wife,  send  greet¬ 
ing- 

Know  ye,  that  in  consideration  of  the  sum  of  — , 
to  them  paid  by  D  E,  of — ,  Esq.  the  receipt  where¬ 
of  is  hereby  acknowledged,  the  said  C,  with  the 
consent  of  her  husband  (testified  by  his  being  party 
hereto)  hath  given,  granted,  bargained,  sold  and 
conveyed,  and  doth  by  these  presents  give  &c.  and 
the  said  A  B  hath  granted,  remised,  released,  and 
forever  quitclaimed  and  confirmed,  and  doth  hereby 
grant  &ic.  unto  the  said  D  E,  his  heirs  and  assigns, 
all  that  parcel  of  land,  situate  &c  —  To  have  and 
to  hold  the  above  described  real  estate  with  the  ap¬ 
purtenances,  to  the  said  E  D,  his  heirs  and  assigns, 


DEEDS. 


27 


to  his  and  their  use  and  behoof  forever.  And  the 
said  A  B  for  himself,  his  heirs,  executors  and  ad¬ 
ministrators,  doth  covenant  with  the  said  D  E,  his 
heirs  and  assigns,  that  immediately  before  the  seal¬ 
ing  and  delivery  hereof,  he  the  said  A  B,  and  C, 
his  wife,  in  her  right,  are  lawfully  seized  in  fee  of  the 
above  conveyed  real  estate  ;  and  that  the  same  is 
free  from  all  incumbrances  ;  and  that  the  said  A 
B,  his  heirs,  executors,  and  administrators,  shall 
and  will  warrant  and  defend  the  same  to  the  said  E 
D,  his  heirs  and  assigns,  against  the  lawful  claims 
and  demands  of  all  persons.  In  witness,  fyc. 


Deed  given  by  a  Sheriff  of  an  equity  of  redemption, 
sold  at  Public  Auction, 

To  all  persons  to  whom  these  presents  shall  come, 
D  T,  of  — ,  a  deputy  sheriff  under  B  P,  he.  sheriff 
of  the  county  of  — ,  sendeth  greeting. 

Whereas,  I,  the  said  D  T,  on  &lc.  attached  upon 
mesne  process,  in  a  suit  wherein  J  W,  of  — ,  was 
plaintiff,  and  E  E,  of  — ,  was  defendant,  all  the 
right  in  equity,  which  the  said  E  E  had  of  redeem¬ 
ing  the  real  estate  hereinafter  described,  and  where¬ 
as  by  the  consideration  of  the  Court  of  — ,  holden 
at  — ,  within  and  for  the  county  of  — ,  on  he.  the 
said  J  W  recovered  judgment  against  the  said  E 
E,  for  the  sum  of  — ,  debt  or  damage,  and  the  sum 
of  — ,  costs  of  suit,  upon  which  judgment  a  writ  of 
execution  issued  from  the  said  Court,  on  the  —  day 
of  — ,  to  me  directed  ;  and  whereas  by  virtue  of  the 
said  writ  of  execution,  and  in  order  to  satisfy  the 
same,  1  did  afterwards  on  the  —  day  of  — ,  take  and 
seize  the  right  in  equity  of  said  E  E,  of  redeeming 
the  following  parcels  of  real  estate,  to  wit,  he.  The 
premises  being  subject  to  a  mortgage  made  by  the 
said  E  E  to  D  D,  of  — ,  his  heirs  and  assigns,  to 
secure  the  payment  of —  and  lawful  interest  therefor, 
from  the  —  day  of  as  by  the  mortgage  deed  of  the 


28 


DEEDS. 


said  E  E  to  the  said  D  _D,  dated  the  —  day  of  — , 
recorded  in  the  Registry  of  deeds  of  the  said  county , 
hook  — ,  leaf — ,  reference  thereto  being  had ,  will 
more  fully  appear;  and  whereas  afterwards,  on  the 
—  day  of — ,  having  duly  given  notice  to  the  said 
E  E,  and  having  duly  advertised  the  premises  ac¬ 
cording  to  law,  I  sold  the  same  at  public  auction  to 
A  B,  of  — ,  in  the  county  of  — ,  who  was  the  high¬ 
est  bidder,  and  the  purchaser  at  said  sale,  for  the 
sum  of — ,  which  was  the  highestsurn  then  bid  there¬ 
for  :  Now  know  ye,  that  I,  the  said  D  T,  as  deputy 
sheriff  as  aforesaid,  in  consideration  of  the  said  sum 
of — ,  to  me  paid  by  the  said  A  B,  the  receipt  &ic. 
have  granted,  bargained,  sold,  and  conveyed,  and 
do  hereby  grant  &c.  unto  the  said  A  B,  his  heirs 
and  assigns  forever,  all  the  right  in  equity  of  redeem¬ 
ing  the  above  described  premises.  To  have  and  to 
hold  the  same  to  the  said  A  B  and  his  heirs  and 
assigns,  to  his  and  their  use  forever  ;  subject  never¬ 
theless  to  the  right  in  equity  of  the  said  E  E  of  re¬ 
deeming  the  same,  according  to  the  statute  in  such 
case  made  and  provided.  And  I,  the  said  D  T,  do 
hereby  covenant  with  the  said  A  B,  his  heirs  and  as¬ 
signs,  that  in  the  said  sale  I  have  complied  with, 
and  observed  all  the  rules  and  directions  of  the  law 
for  making  sale  of  rights  in  equity  of  redeeming 
real  estate,  taken  in  execution.  In  witness  &ic. 


Another ,  with  an  adjournment  of  Sale. 

To  all  persons  Sic.  J  H,  of  — ,  a  deputy  sheriff 
under  A  B,  sheriff  of  the  county  of  — ,  sendeth 
greeting. 

Whereas  1,  the  said  J  H,  on  — ,  attached  upon 
mesne  process,  in  a  suit  wherein  P  D  was  plaintiff, 
and  R  D  was  defendant,  all  the  right  in  equity, 
which  the  said  R  D  had,  of  redeeming  the  real  estate 
hereinafter  described  ;  and  whereas  afterwards  on 
— ,  which  was  more  than  thirty  days  after  judgment 
rendered  on  the  process  aforesaid,  having  taken,  by 
virtue  of  the  execution  which  issued  on  thejudgment 


DEEDS. 


29 


aforesaid,  all  the  said  R  D’s  right  in  equity  afore¬ 
said,  I  gave  notice  to  the  said  R  D  in  writing,  (in 
person ,  or,  by  leaving  the  same  at  his  usual  place  of 
abode ,  according  to  the  fact)  and  gave  public  notice, 
by  posting  up  notifications  in  the  towns  of  — ,  and 
by  publishing  and  advertising  according  to  law,  in 
a  public  newspaper  printed  in  the  county  aforesaid, 
called  &tc.  that  the  said  R  D’s  right  in  equity  afore¬ 
said.  would  be  sold  at  public  vendue  on  — ,  upon 
the  same  real  estate.  And  whereas  the  said  right  in 
equity  advertised  for  sale  as  aforesaid,  not  being 
disposed  of  at  the  time  and  place  of  sale  appointed 
as  aforesaid,  I  adjourned  the  vendue  to  the  —  day 
of  — ,  at  the  place  aforesaid,  and  then  and  there, 
pursuant  to  the  authority  by  law  granted  to  me, 
and  upon  and  by  virtue  of  the  said  execution,  and 
to  satisfy  the  same,  made  sale  of  all  the  said  R  D’s 
right  in  equity  aforesaid,  at  public  vendue,  to  W  F, 
of  — ,  who  bid  therefor  the  sum  of  — ,  which  was 
more  than  any  other  person  bid  for  the  same  :  Now 
know  ye,  that  I  the  said  J  H,  in  my  capacity  afore¬ 
said,  and  pursuant  to  the  authority  by  law  vested 
in  me,  and  in  consideration  of  the  sum  of —  paid 
me  by  the  said  W  F,  (the  receipt  whereof  towards 
satisfying  the  said  execution  I  do  hereby  acknowl¬ 
edge)  have  granted,  sold  and  conveyed,  and  do 
hereby  grant,  &c.  to  the  said  W  F,  his  heirs  and 
assigns,  the  said  B’s  right  in  equity  of  redeeming 
the  following  real  estate,  viz.  (here  describe  the  par¬ 
cels.)  To  have  and  to  hold  the  said  right  in  equity 
to  the  said  W  F,  his  heirs  and  assigns  forever ; 
subject  nevertheless  to  the  right,  which  the  said  R 
D  by  law  hath,  to  redeem  the  said  right  in  equity 
sold  as  aforesaid.  And  I,  the  said  J  H,  do  cove¬ 
nant  with  the  said  W  F,  his  heirs  and  assigns,  that 
I  have  conformed  to  and  complied  with,  all  the  rules 
and  directions  of  the  law,  for  making  sale  of  rights 
inequity  of  redeeming  real  estate  taken  in  execu¬ 
tion.  In  witness  whereof  fyc. 

3*  ' 


30 


DEEDS. 


Deed  by  an  Administrator . 

Know  all  men,  &ic.  That  I,  A  B,  of  — ,  adminis¬ 
trator  of  the  goods  and  estate  of  C  D,  late  of  — , 
deceased,  intestate,  having  obtained  license  from  the 
honorable  B  P,  Judge  of  Probate  for  the  county  of 
— ,  (or  from  — ,)  to  sell  and  convey  real  estate  of 
the  said  C  D,  and  having,  agreeably  to  the  direct¬ 
ions  of  the  said  Court,  given  due  notice  of  said  sale, 
did,  on  the  —  day  of  — ,  pursuant  to  the  license  and 
notice  aforesaid,  sell  at  public  vendue,  to  E  F,  of 
&c.  the  estate  hereafter  described,  the  same  having 
been  struck  off  to  him  for  the  sum  of  — ,  he  being 
the  highest  bidder  therefor,  viz.  (here  describe  the 
premises^)  Therefore  I,  the  said  A  B,  do,  by  vir¬ 
tue  of  the  power  and  authority  with  which  I  am, 
as  aforesaid,  vested,  and  in  consideration  of  the 
aforesaid  sum  of  — ,  to  me  paid  by  the  said  E  F, 
the  receipt  whereof  I  do  hereby  acknowledge,  have 
given,  granted  and  sold,  and  by  these  presents  do 
give,  grant,  sell,  and  convey  to  the  said  E  F,  his 
iieirs  and  assigns,  forever,  the  above  described 
premises,  with  all  the  privileges  and  appurtenances 
to  the  same  belonging.  To  have  and  to  hold  the 
same,  in  manner  as  aforesaid,  to  the  said  E  F,  his 
heirs  and  assigns,  forever.  And  I,  the  said  A  B, 
in  my  said  capacity,  do  covenant  to  and  with  the  said 
E  F,  his  heirs  and  assigns,  that  I  was  and  am  duly 
licensed  by  said  Court  to  make  sale  thereof,  and 
have  in  all  things  observed  the  rules  and  directions 
of  the  law  in  advertising  and  selling  said  estate,  and 
have  good  right  and  lawful  authority  to  sell  and 
convey  the  same  in  manner  as  aforesaid. 

In  witness  ivhereoj ]  fyc. 

Another  Deed  given  by  an  Administrator ,  with  a 

recital . 

To  all  people,  &ic.  I,  R  B,  of  — ,  administrator, 
&c.  send  greeting. 

Whereas,  the  Justices  of  the  —  Court,  at  their 
term,  holden,  &c.  did  empower  and  license  me  to 


DEEDS. 


31 


sell,  and  to  make  and  execute,  good  and  sufficient 
deed  or  deeds,  to  convey  so  much  of  the  real  es¬ 
tate  of  the  said  intestate,  as  should  amount  to  the 
sum  of — ,  for  the  payment  of  the  just  debts  of  the 
said  intestate,  with  incidental  charges;  and  where¬ 
as,  having  given  the  bond,  and  taken  the  oath,  by 
law  required,  and  given  public  notice  of  the  time 
and  place  of  sale  of  the  real  estate  hereinafter  des¬ 
cribed,  by  causing  an  advertisement  thereof  to  be 
published  three  weeks  successively,  in  a  newspaper 
printed  at  — ,  called  — ,  according  to  law,  I  have 
sold  the  same  real  estate  to  S  A,  he.  for  the  sum  of 
— ,  which  was  the  highest  sum  bid  therefor,  at  the 
public  sale  thereof,  on  —  :  Now  know  ye,  that  pur¬ 
suant  to  the  license,  authority  and  power  aforesaid, 
and  not  otherwise,  and  in  consideration  of  the  sum 
of,  he.  he.  (as  in  the  preceding.) 


Another ,  by  Administrator  de  bonis  non ,  with  the 

ivill  annexed. 

To  all,  &c.  R  S,  of  — ,  administrator  with  the 
will  annexed,  of  the  goods  and  chattels,  rights  and 
credits,  which  have  not  been  administered,  and 
which  were  of  R  S,  late  of  — ,  deceased,  sendeth 
greeting. 

Whereas,  at  the  term  of  the  Supreme  Judicial 
Court,  holden  on  — ,  at  — ,  within  and  for,  &ic.  the 
said  R  S,  by  his  petition,  represented  to  the  said 
Court,  that  the  said  B  S  died  seized  of,  &;c.  (here 
describe  the  real  estate ; )  that  it  was  necessary  to 
sell  some  part  of  the  real  estate  aforesaid,  for  the 
payment  of  the  debts  due  from  the  estate  of  the  said 
B  S,  and  that  by  a  partial  sale  thereof  the  residue 
would  be  greatly  injured;  and  therefore  prayed  the 
said  Court  that  he  might  be  authorized  to  sell  the 
whole  of  the  said  real  estate,  as  by  the  same  peti¬ 
tion,  on  the  files  of  the  said  Court  remaining,  more 
fully  appears ;  and  whereas,  due  notice  having 
♦hereupon  been  given  to  all  persons,  the  said  Court 


32 


DEEDS. 


by  their  order,  did  authorise  and  empower  the 'sard 
R  S  to  sell,  and  make  and  execute  deeds  to  convey 
the  whole  of  the  real  estate  of  the  said  B  S  before 
described,  after  publishing  notifications  of  the  time 
and  place  of  sale,  three  weeks  successively  in  the 
—  gazette,  and  posting  up  like  notifications  thirty 
days  before  the  sale,  and  taking  the  oath,  and  giving 
the  bond  to  the  Judge  of  Probate,  which  the  law 
directs  ;  and  whereas,  the  said  R  S,  having  observ¬ 
ed  the  requisitions  aforesaid,  sold  the  premises  at 
public  vendue,  on  &c.  to  J  O  and  W  W,  who  bid 
the  most  therefor  at  the  said  sale  :  Now  know  ye, 
pursuant  to  the  authority  aforesaid,  and  in  consid¬ 
eration  of  the  sum  of  — ,  (which  was  the  highest 
sum  bid  at  said  sale  for  the  real  estate  hereinbefore 
described)  paid  by  the  said  J  O  and  W  W,  the  re¬ 
ceipt  whereof  is  hereby  acknowledged,  I  the  said  R 
S  have  granted,  bargained,  sold,  and  conveyed,  and 
do  hereby  grant,  &c.  to  the  said  J  O  and  W  W, 
their  heirs  and  assigns,  all  the  before  described  real 
estate,  with  the  appurtenances,  Sic.  To  have  and 
to  hold  the  same  to  the  said  J  O  and  W  W,  their 
heirs  and  assigns,  to  their  sole  use  and  behoof  forever. 

And  I,  the  said  R  S,  for  myself,  my  heirs,  execu¬ 
tors  and  administrators,  do  hereby  covenant  with 
the  said  J  O  and  W  W,  their  heirs  and  assigns, 
that  I  have  full  power  and  lawful  authority  to  con¬ 
vey  the  same  as  aforesaid  ;  that  in  conducting  and 
managing  the  said  sale,  I  have  in  all  things  com¬ 
plied  with  and  observed,  all  the  directions  and 
requisitions  of  law ;  and  that  I  w  ill,  and  my  heirs, 
executors  and  administrators  shall,  warrant  and 
defend  the  aforegranted  premises  to  the  said  J  O 
and  W  W,  their  heirs  and  assigns,  against  the 
lawful  claims  of  all  persons  claiming  or  to  claim,, 
by,  from,  or  under  the  said  B  S,  or  me  the  said  R 
S,  but  against  no  other  persons  whatsoever.. 

In  witness  §*c. 


DEEDS. 


33 


A  Deed  by  an  Administrator ,  of  land  which  his  in¬ 
testate  had  bound  himself  by  deed  to  convey . 

To  all  people,  to  whom  &ic.  A  B,  of  — ,  adminis¬ 
trator  of  the  goods  and  estate  which  were  of  C  D, 
late  of  — ,  deceased,  sends  greeting. 

Whereas,  (here  recite  the  agreement  of  the  intes¬ 
tate  to  convey ,  and  that  the  administrator  had  obtain¬ 
ed  license ,  fyc.)  Now  know  ye,  that  by  the  authority 
and  license  aforesaid,  and  in  order  to  fulfil  and  per¬ 
form  all  things  in  the  abovementioned  contract  or 
agreement,  on  the  part  of  the  said  A  B  to  be  per¬ 
formed,  in  consideration  of  the  sum  of  — ,  to  me 
paid  by  the  said  C  D,  the  receipt  he.  and  in  consid¬ 
eration  that  the  said  C  D  hath  performed  and  ful¬ 
filled  all  things  in  the  above  recited  contract  or 
agreement,  on  his  part  to  be  performed  and  fulfilled, 
I,  the  said  A  B,  have  granted,  bargained,  sold,  con¬ 
veyed,  released  and  confirmed,  and  do  hereby  &ic. 
to  the  said  C  D,  his  heirs  and  assigns  forever,  the 
said  he.  with  the  appurtenances;  to  have  and  to 
hold  the  same  to  the  said  C  D,  his  heirs  and  assigns, 
to  his  and  their  use  forever  he. 


A  Deed  given  by  executors  under  an  authority  in  a 

will. 

To  all  persons  to  whom  these  presents  shall  come, 
we,  A  B,  C  D  and  E  F,  of  — ,  executors  of  the  last 
will  and  testament  of  G  H,  late  of  — ,  deceased,  send 
greeting. 

Whereas  the  said  G  H,  to  enable  his  executors  to 
make  an  equal  division  of  his  estate  according  to 
his  said  will,  did  thereiivand  thereby  authorize  them 
to  make  sale  of,  and  convey  all  his  real  estate, 
either  at  public  or  private  sale,  as  to  them  should 
seem  meet,  and  to  make  good  and  sufficient  deeds 
of  bargain  and  sale  thereof,  to  the  purchaser  and 
their  heirs  and  assigns,  and  in  and  by  the  said  will 
did  appoint  us  the  said  A  B,  C  I)  and  E  F  execu¬ 
tors  thereof. 


34 


DEEDS. 


Now  know  ye,  that  by  virtue  of  the  power  and 
authority  aforesaid,  and  of  every  other  power  us 
hereunto  enabling,  and  in  consideration  of  the  sum 
of  — ,  to  us  paid  by  K  L  and  M  N,  of  — ,  the  re¬ 
ceipt  whereof  we  do  hereby  acknowledge,  we  have 
granted,  bargained,  sold  and  conveyed,  and  do 
hereby  grant,  bargain,  sell  and  convey,  to  the  said 
K  L  and  M  N,  their  heirs  and  assigns  forever,  a  cer¬ 
tain  parcel  of  land,  situate  &sc.  To  have  and  to 
hold  the  granted  premises  to  the  said  K  L  and  M 
N,  their  heirs  and  assigns,  as  tenants  in  common, 
and  not  as  joint  tenants.  And  we  the  said  A  B,  C 
D  and  E  F,  for  ourselves,  our  heirs,  executors  and 
administrators,  covenant  with  the  said  K  L  and  M 
N,  their  heirs  and  assigns  as  aforesaid,  that  the  said 
G  H  died  seized  of  the  granted  premises,  that  they 
are  free  from  all  incumbrances  done  or  suffered  by  us, 
or  either  of  us  ;  that  we  will,  and  our  heirs,  executors 
and  administrators  shall,  warrant  and  defend  the 
same  to  the  said  K  L  and  M  N,  their  respective 
heirs  and  assigns,  against  the  lawful  claims  and  de¬ 
mands  of  all  persons  claiming  by,  from,  or  under  the 
said  G  H,  or  us  or  either  of  us. 

In  witness  whereof  §*c. 


A  Deed  by  guardian  of  minors. 

Know  all  men  by  these  presents,  that  I,  A  B,  of 
— ,  gentleman,  as  I  am  guardian  of  C  D  and  E  F, 
minors  under  the  age  of  twenty-one  years,  by  virtue 
of  the  power  and  authority  granted  tne  in  my  said 
capacity,  by  the  Supreme  Judicial  Court,  holden 
at  — ,  on  — ,  in  consideration  of  the  sum  of — ,  to 
me  paid  by  G  H,  of  — ,  the  receipt  whereof  I  do 
hereby  acknowledge,  being  the  highest  sum  bid  for 
the  &ic.  hereinafter  described  at  a  public  vendue  le¬ 
gally  had  and  notified, do  grant,  bargain,  sell  and  con¬ 
vey,  unto  the  said  G  H,  his  heirs  and  assigns,  a  cer¬ 
tain  messuage  &c.  situate  &;c.  bounded  &ic.  and  all  the 
privileges  and  appurtenances,  to  the  same  in  any  wise 


DEEDS. 


8b 


appertaining  and  belonging  :  To  have  and  to  hold 
the  granted  premises,  to  him  the  said  G  H,  his  heirs 
and  assigns,  to  his  and  their  use  and  behoof  forever. 
And  3,  the  said  A  B,  for  myself,  executors  and  ad¬ 
ministrators,  do  covenant  with  the  said  G  H,  his 
heirs  and  assigns,  that  the  said  minors,  at  the  time 
of  executing  this  deed,  are  seized  in  fee  of  the  grant¬ 
ed  premises  ;  that  in  making  the  said  sale  I  have  in 
all  things  observed  the  rules  and  directions  of  the 
law,  and  that  I  will,  and  my  heirs  shall,  warrant 
and  defend  the  granted  premises  to  the  said  G  H, 
against  the  lawful  claims  and  demands  of  the  said 
minors,  and  their  heirs,  and  all  persons  claiming  the 
same  by,  from,  or  under  them,  or  either  of  them, 

In  witness  whereof  fyc. 


A  Deed  of  confirmation. 

Know  all  men  by  these  presents,  that  I,  A  B  &$c. 
in  consideration  he.  have  granted,  ratified  and  con¬ 
firmed,  and  do  by  these  presents  grant  &:c.  unto  C 
D  he.  all  the  estate  which  1  have  in  one  messuage 
with  the  appurtenances  in  D  &c.  to  have  and  to  hold 
unto  him  the  said  C  D,  and  his  heirs  forever  &c. 


Deed  of  gift  of  Land. 

This  Indenture,  made  the  —  day  of  — ,  between 
A  B  he.  of  the  one  part,  and  T  B  he.  son  of  the 
said  A  B,  of  the  other  part,  witnesseth,  that  the  said 
A  B,  for  and  in  consideration  of  the  natural  love 
and  affection,  which  he  hath  unto  the  said  T  B,  by 
these  presents  doth  give,  grant,  alien  and  confirm, 
unto  the  said  T  B,  his  heirs  and  assigns.  (Here  in¬ 
sert  the  premises.) 

To  have  and  to  hold  the  aforesaid  premises,  with 
all  the  privileges  and  appurtenances  thereunto  be¬ 
longing  unto  the  said  T  B,  his  heirs  and  assigns,  to 
his  and  their  only  proper  use  and  behoof  forever. 
(Add  covenants  against  incumbrances,  disturbance 
fyc.  by  the  donor ,  or  any  claiming  under  him.) 


36 


LEASES. 


Gift  of  Personal  Estate. 

Know  all  men  &c.  that  I,  A  E,  of  he.  in  consid¬ 
eration  of  the  love  and  affection  which  I  have  and 
bear  unto  my  beloved  sister  C  E,  and  for  divers 
other  good  considerations  me  thereunto  moving,  do 
hereby  give,  grant  and  confirm  unto  the  said  C  E,  all 
and  singular,  my  goods  and  chattels,  ( or ,  as  the 
case  may  be.)  To  have  and  to  hold  all  and  singu¬ 
lar  the  aforesaid  goods  and  chattels,  (or  as  above) 
unto  the  said  C  E,  her  heirs,  executors,  administra¬ 
tors  and  assigns,  to  her  and  their  only  proper  use 
and  behoof  forever.  And  I,  the  said  A  E,  all  and 
singular  the  said  goods  and  chattels  ( or  — )  to  the 
the  said  C  E,  her  heirs  he.  against  me,  the  said  A 
E,  my  executors,  administrators,  and  all  and  every 
other  person  and  persons  whatsoever,  shall  and  will 
warrant  and  defend  forever  by  these  presents.  Of 
all  and  singular  which  said  goods  he.  I,  the  said  A 
E,  have  put  the  said  C  E  in  full  possession,  by  de¬ 
livering  to  her  one  pewter  dish,  at  the  time  of  the 
sealing  and  delivering  of  these  presents,  in  the  name 
of  the  whole  premises  hereby  granted. 

In  witness  fyc. 

N.  B.  A  memorandum  of  livery  and  seizen,  as 
on  a  Bill  of  Sale,  must  here  be  endorsed. 


OF  LEASES. 

A  Lease  is  properly  a  conveyance  of  lands  or  ten¬ 
ements,  usually  in  consideration  of  rent  or  other 
annual  recompense  made  for  life,  for  years,  or  at 
will ;  but  always  for  a  less  time  than  the  lessor  hath 
in  the  premises,  for  if  it  be  for  the  whole  interest,  it 
is  more  properly  an  assignment  than  a  lease. 

'  Jacob's  Diet. 

Leases  for  life  require  livery  and  seizen. 

Leases  of  land,  tenements,  or  hereditaments,  for 
a  longer  term  than  seven  yeais  must  be  acknowledg¬ 
ed  and  recorded,  in  order  to  be  good  against  any 
person,  except  the  lessor  and  his  heirs.  Maine  Laws, 


LEASES. 


37 


Lease  of  Land . 

This  indenture,  made  the  —  day  of  — ,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
— ,  between  A  B,  of  &ic.  of  one  part,  and  C  D,  of 
Sic.  of  the  other  part,  witnesseth,  That  the  said  A  B, 
for  and  in  consideration  of  the  yearly  rent  of — 
dollars,  to  be  paid  him  ( quarterly ,  or  as  the  case  may 
he)  by  the  said  C  D,  computing  from  the  time  of 
the  sealing  and  delivery  of  these  presents,  doth 
hereby  lease,  demise,  and  let  unto  the  said  C  D,  his 
executors,  administrators  and  assigns,  a  certain  par¬ 
cel  of  land  lying  in  — ,  and  bounded  as  follows,  viz. 
(Here  describe  the  premises.) 

To  have  and  to  hold  the  aforesaid  premises,  with 
all  the  privileges  thereto  belonging,  to  the  said  C  D, 
his  executors,  administrators  and  assigns,  for  the 
term  of  —  years,  from  the  —  day  of  — . 

And  the  said  Lessee  doth  promise  to  pay  the  said 
rent,  as  aforesaid  ;*  and  to  quit  and  deliver  up  the 
premises  to  the  Lessor  or  his  attorney,  peaceably 
and  quietly,  at  the  end  of  the  term,  in  as  good  or¬ 
der  and  condition,  reasonable  use  and  wearing  there¬ 
of  excepted,  as  the  same  are,  or  may  be  put  into,  by 
the  said  Lessor  and  to  pay  ( one  half  of  or  as  the 
case  may  be)  all  taxes  and  duties  levied  thereon,  dur¬ 
ing  the  term,  and  for  such  further  time  as  the  Lessee 
may  hold  the  same,  and  not  make  or  suffer  any 
waste  thereof ;  and  the  Lessor  may  enter  to  view, 
and  make  improvements,  and  to  expel  the  Lessee  if 
lie  shall  fail  to  pay  the  rent  aforesaid,  or  make  or 
suffer  any  strip  or  waste  thereof. 

In  witness ,  tyc. 


>  2  Lease  of  land  to  a  man  and  his  ivife  during  their 

natural  lives. 

Know  all  men  by  these  presents,  That  I, A  B,  of 
— ,  in  consideration  of  the  yearly  rent  of  — dollars, 

*ff  the  Lessee  is  to  pay  the  rent  m  corn,  hay,  or  any  thing  except 
'cish,  the  articles  should  be  specified  in  this  place. 

4 


38 


LEASES. 


to  be  paid  me  by  D  C,  of  — ,  or  E,  wife  of  the  said 
D  C,  do  hereby  demise,  lease,  and  let  to  the  said  D 
C,  and  the  said  E,  his  wife.  ( Here  describe  the  prem¬ 
ises.)  To  have  and  to  hold  the  aforesaid  premises, 
with  the  privileges  and  appurtenances  thereto  be¬ 
longing,  to  the  said  D  C,  and  the  said  E.  for  and 
during  the  term  of  both  and  each  of  their  lives. 
And  I  do,  for  myself,  my  heirs  and  assigns,  cove¬ 
nant  with  the  said  D  C,  and  the  said  E,  that  I  am 
lawfully  seized  in  fee  of  the  premises,  that  they  are 
free  of  all  incumbrances,  that  I  have  good  right  to 
lease  the  same,  as  aforesaid,  and  that  I  will  warrant 
and  defend  the  same  to  the  said  D  C,  and  the  said 
E,  during  the  said  term  of  both  and  each  of  their 
lives  against  the  lawful  claims  and  demands  of  all 
persons.  In  witness ,  <^c. 


A  Lease  for  years  of  a  house  and  lands  in  the  count¬ 
ry ,  with  exceptions  and  special  covenants,  fyc. 

This  Indenture,  made  he.  between  A  A,  of  the 
one  part,  and  B  B,  of  the  other  parts,  witnesseth. 
that  for  and  in  consideration  of  the  rents  he.  ( as  in 
the  preceding)  he  the  said  A  A,  hath  leased  and  let, 
and  by  these  presents  doth,  &c.  unto  the  said  B  B, 
his  executors,  administrators  and  assigns,  all  that 
messuage,  tenement  or  farm  house,  late  in  the  pos¬ 
session  of  E  B,  with  the  appurtenances,  situate  in — , 
and  also  all  those  several  closes  and  parcels  of  ara¬ 
ble  land,  meadow,  pasture  and  wood-land,  contain¬ 
ing —  acres,  more  or  less,  lying  in  — ,  to  the  said 
messuage,  &c.  belonging,  and  therewith  held  and 
occupied  as  a  part  thereof. 

Reserving  always  to  the  said  A  A,  his  heirs  and 
assigns,  all  timber  and  timberlike  trees,  and  all  oth¬ 
er  trees,  but  the  fruit  trees,  for  their  fruit  only, which 
now  are,  or  at  any  time  or  times  hereafter,  shall  be 
standing,  growing  and  being,  in,  upon  and  about 
said  premises  or  any  part  thereof,  with  free  liberty 
of  ingress,  egress  and  regress  to  and  for  the  said  A 


♦ 


LEASES.  39 

A,  &lc.  at  all  times  during  the  term  hereby  leased,  to 
fell,  stock  up,  hew  and  carry  away,  in  and  through 
the  said  premises,  or  any  part  thereof,  (doing  no 
wilful  hurt  or  damage  to  the  grain  and  grass  of  the 
said  B  B,  his  executors  fyc.)  and  also  the  like  free 
liberty  to  enter  into  and  upon  the  said  premises,  and 
every  part  thereof,  to  view  the  condition  of  the  re¬ 
pairs  thereof.  To  have  and  to  hold  the  said  mes¬ 
suage,  tenement,  or  farm  house,  closes,  parcels  of 
arable  land,  meadow,  pasture  and  wood  land,  with 
their  appurtenances  (except  as  before  excepted)  unto 
the  said  B  B,  his  executors  &c.  from  the  day  of  the 
date  hereof,  for  and  during  the  term  of  —  years  next 
ensuing  ;  yielding  and  paying  therefor  every  year, 
during  the  said  term,  unto  the  said  A  A,  his  heirs  or 
assigns,  the  yearly  rent  or  sum  of  — ,  on  the  first  day 
of — ,  in  every  year  during  the  said  term.  (Here 
may  follow  a  covenant ,  to  repair ,  the  lessor  finding 
materials ,  to  quit  possession  at  the  end  of  the  term , 
Lessee  to  pay  taxes ,  not  to  lop  trees — Lessor  to  allow 
the  cutting  of  limber  for  making  and,  repairing  farm¬ 
ing  utensils,  for  quiet  enjoyment  fyc.)  In  witness,  fyc. 


Lease  of  a  House . 

This  Indenture,  made  and  agreed  on,  this  —  day 
of  — ,  between  A  B,  of  Sic.  of  the  one  part,  and  C 
D,  of  Sic.  of  the  other  part,  witnesseth ,  that  for  and 
in  consideration  of  the  rents,  covenants,  provisos 
and  agreements  hereinafter  reserved  and  contained, 
and  which,  on  the  part  and  behalf  of  t  lie  said  C  D, 
his  executors,  administrators  and  assigns,  are  to  be 
paid,  done  and  performed,  he,  the  said  A  B,  hath 
demised,  leased  and  let,  and  by  these  presents  doth 
demise  Sic.  unto  the  said  C  D.  his  executors,  admin¬ 
istrators  and  assigns,  all  that  messuage  or  tenement, 
situate  in  S,  ( known  by  the  name  of  — ,)  now  ( or 
lat  ly)  occupied  by  E  F,  together  with  all  the  priv¬ 
ileges  and  appurtenances  thereto  belonging.  To 


40 


LEASES. 


have  and  to  hold  the  said  messuage  or  tenement,  and 
all  and  singular  the  premises  hereby  demised,  to  the 
said  C  D,  his  executors,  administrators  and  assigns, 
from  the  day  of  the  date  hereof,  for  and  during  the 
full  term  of — years  next  ensuing,' ^yielding  and  pay¬ 
ing  therefor  yearly,  on  every  first  day  of — ,  during 
the  said  term,  unto  the  said  AB,his  heirs  or  assigns, 
the  yearly  rent  of  —  dollars.  Provided  always, 
that  if  it  shall  happen  that  the  said  yearly  rents  here¬ 
by  reserved,  or  either  of  them  shall  be  behind  and 
unpaid,  by  the  space  of —  days  next  after  either  of 
the  said  days  of  payment,  or  if  the  said  C  D,  his 
executors  or  administrators,  shall  assign  over,  or 
otherwise  part  with  this  indenture,  or  the  premises 
hereby  leased,  or  any  part  thereof,  to  any  person  or 
persons  whatever,  without  the  consent  of  the  said 
A  B,  his  heirs  or  assigns,  first  obtained  in  writing, 
under  his  or  their  hands  and  seals,  then,  and  in  eith¬ 
er  of  said  cases,  it  shall  be  lawful  for  the  said  A  B, 
his  heirs  or  assigns,  into  the  said  premises,  or  any 
part  thereof,  in  the  name  of  the  whole,  to  re-enter, 
and  the  same  to  re-possess  and  enjoy,  as  at  first, any 
things  herein  contained  to  the  contrary  notwithstand¬ 
ing.  (In  the  English  forms,  and  in  Oliver’s  Convey¬ 
ancing ,  we  find  a  great  number  of  Covenants  added , 
viz .  to  pay  rent ,  to  repair ,  to  deliver  possession  after 
the  term  has  expired ,  that  the  lessor  may  enter  to  view , 
by  lessee  to  pay  taxes,  by  lessor  for  quiet  enjoyment , 
that  lessee  may  quit ,  giving  notice.)  In  witness,  fyc. 

Signed,  fyc. 

Note.  If  furniture  be  lei  ivith  the  house ,  immediately  after  the  descrip¬ 
tion  of  the  house,  proceed  thus,  viz. :  together  also  with  the  goods,  house¬ 
hold  stuff  and  furniture,  mentioned  in  the  schedule  or  inventory'hereto. 
annexed  ;  To  have  and  tolioldSfC. 

The  form  of  the  schedule  may  be  thus  :  The  schedule  or  inventory,  to 
which  the  indenture  of  demise  hereto  annexed  refers  :  First,  in  ihe  par¬ 
lour,  one  (fee.  So  go  on,  and  specify  every  article  and  the  part  of  the 
house  to  which  it  belongs. 

Note.  A  greater  number  of  forms,  under  this  head,  would  be  super¬ 
fluous.  as  any  person  may,  from  the  examples  given,  frame  one  to  suit 
iiis  particular  case. 

*If  the  Lessor  be  seized  in  fee  simple,  the  reservation  should  be  tohim , 
“  his  heirs  and  assigns  if  he  have  only  a  chattel  interest,  to  him,  “  kis 
executors,  administrators  and  assigns.”  Watk.  on  Cons.  89. 


RELEASE!?. 


41 


OF  RELEASES.  - 

A  Release  is  a  deed  or  instrument  whereby  a 
man  gives  up  or  discharges  the  right  or  action  he 
hath  or  claimeth  against  another,  or  his  lands,  &c. 
and  is  usually  made  by  the  words  have  remised ,  re¬ 
leased  and  quitclaimed.  Jacob's  Diet. 

A  release  of  all  quarrels  amounts  to  a  release  of 
all  actions. 

By  a  release  of  all  covenants ,  a  covenant  not  bro¬ 
ken  may  be  released. 

A  release  of  all  demands  or  claims ,  is  the  best  re¬ 
lease  of  all,  and  the  most  effectual  word  to  bar  ac¬ 
tions,  appeals,  rights  of  entry  into  lands,  titles,  con¬ 
ditions,  covenants,  rents,  commons,  debts,  duties, 
colligations,  contracts,  he.  he.  Wood's  Inst. 


A  General  Release .* 

Know  all  men  by  these  presents,  That  I,  A  B,  of 
he.  have  remised,  released,  and  forever  quitclaimed, 
for  me,  my  heirs,  executors  and  administrators,  and 
by  these  presents  do  remise  he.  unto  C  D,  of&c.  his 
heirs,  executors  and  administrators,  all  actions  and 
causes  of  action,  and  all  claims  or  demands  what¬ 
ever,  both  at  law  and  in  equity,  or  otherwise,  which 
against  him,  the  said  C  D,  I  ever  had,  now  have,  or 
which  I,  my  heirs,  executors  or  administrators,  can, 
shall  or  may  have,  claim  or  demand,  for  or  by  rea¬ 
son  of  any  act,  matter,  cause  or  thing,  from  the  be¬ 
ginning  of  the  world,  to  the  day  of  the  date  of  these 
presents.  In  witness  fyc. 

Sealed  fyc. 

*For  release  of  lands  see  quitclaim  deed. 


A  Release  of  the  Equity  of  Redemption  to  an  Estate 

mortgaged. 

To  all  people  to  whom  these  presents  shall  come, 
I,  A  B,  of  he.  send  greeting.  Whereas  I,  the  said 
A  B,  by  a  certain  mortgage  deed,  dated  the  —  day 


42 


RELEASES. 


of  — ,  for  the  consideration  of  — ,  did  grant,  bar¬ 
gain,  sell  and  convey  to  C  D,  of  &c.  [ Here  describe 
the  'premises .]  To  have  and  to  hold  the  same  unto 
the  said  C  D,  &c.  [as  in  the  said  deed]  upon  the 
condition  following,  viz.  Provided  nevertheless, 
(Here  insert  the  condition.)  And  whereas  I,  the  said 
A  B,  am  fully  satisfied  that  the  said  monies  so  due 
to  the  said  C  D,  are  the  full  value  of  ( or  nearly  the 
value,  or  as  much  as  I  can  get  for)  the  said  mortga¬ 
ged  premises  : 

Therefore  know  ye,  That  I,  the  said  A  B,  in  con¬ 
sideration  thereof,  and  also  for  the  further  consider¬ 
ation  of  the  sum  of  — ,  to  me  paid  before  the  deliv¬ 
ery  of  these  presents,  and  for  the  quieting  the  said 
C  D,  in  the  possession  and  enjoyment  of  the  said 
(premises)  and  for  extinguishing  alt  right  of  equity 
of  redemption  of  the  same,  do,  by  these  presents,  for 
myself,  my  executors  and  administrators,  remise,  re¬ 
lease,  and  forever  quitclaim  unto  the  said  C  D,  his 
heirs  and  assigns*  the  said  proviso  or  condition  in 
the  said  mortgage  deed  recited  as  above,  and  all 
benefit  and  equity  of  redemption  of  the  said  ( premi¬ 
ses )  by  virtue  of  any  law  providing  for  the  same,  or 
whereby  he  might  otherwise  have  the  benefit  of  the 
same,  notwithstanding. 

And  I,  the  said  A  B,  for  the  considerations  afore¬ 
said,  do  for  myself,  my  heirs,  executors  and  admi  n- 
istrators,  hereby  grant,  bargain,  sell,  release,  con¬ 
vey  and  confirm  unto  him,  the  said  C  D,  his  heirs 
and  assigns,  the  said  (premises)  with  all  the  privile¬ 
ges  and  appurtenances  thereunto  belonging.  To 
have  and  to  hold  the  same,  to  the  said  C  D,  his  heirs 
and  assigns  forever.  And  I  do  for  myself  &c.  cov¬ 
enant  with  the  said  C  D,  his  heirs  and  assigns,  that 
he  and  they  shall  and  may  from  henceforth  quietly 
and  peaceably  have,  hold,  use,  occupy  and  enjoy 
all  (the  said  premises)  with  the  appurtenances  there¬ 
of,  without  any  let,  hindrance,  molestation  or  inter¬ 
ruption  from  me,  the  said  A  B,  my  heirs  or  assigns, 


RELEASES. 


43 


and  of  all  and  every  other  person  or  persons  whatso¬ 
ever,  claiming  from,  by  or  under  me.  In  witness ,  fyc. 


A  Release  of  Dower. 

Know  all  men  by  these  presents,  That  I,  A  B, 
widow  and  relict  of  B  B,  late  of  &ic.  deceased,  for 

and  in  consideration  of  the  sum  of  - dollars, 

to  me,  the  said  A  B,  by  C  B,  of  he.  son  of  the 
said  B  B  deceased,  well  and  truly  paid,  the  receipt 
whereof  I  do  hereby  acknowledge,  have  remised, 
released,  and  forever  quitclaimed,  and  by  these 
presents  do  he.  unto  the  said  C  B,  all  right  and  ti¬ 
tle  of  dower  whatever,  which  I,  the  said  A  B,  now 
have,  or  of  right  ought  to  have  or  claim  of,  in  or 
out  of  all  lands,  tenements  and  hereditaments  which 
were  belonging  to  the  said  B  B,  my  late  husband, 
at  any  time  during  the  coverture  between  him  and 
me,  the  said  A  B,  situate  he.  or  elsewhere :  And 
also  all  manner  of  action  or  actions,  writ  and  writs 
of  dower  whatever ;  so  as  neither  I,  the  said  A  B, 
nor  any  other  person  for  me,  or  in  my  name,  or  writ 
of  action  of  dower,  or  any  right  or  title  of  dower, 
of  or  in  the  said  lands,  tenements  and  hereditaments, 
or  any  part  thereof,  at  any  time  hereafter,  shall  or 
may  have,  claim,  or  prosecute  against  the  said  C  B, 
his  heirs  or  assigns.  In  witness  fyc. 


A  Release  of  Errors. 

Know  all  men  by  these  presents,  That  I,  A  B,  of 
$*c.  have  remised,  released,  and  forever  quitclaimed, 
and  by  these  presents  do  remise  &;c.  unto  C  D,  of 
he.  all  and  all  manner  of  errors  and  causes  of  error, 
misprisons,  misentries,  defects  and  wrong  pleading 
and  proceedings  whatever,  made,  committed,  omit¬ 
ted  or  done,  in,  about,  or  concerning  one  judgment 
for  the  sum  of  &c.  together  with  all  costs  of  suit  by 
the  said  C  B  obtained  against  me,  in  the  court  of 


44 


SURRENDER  BY  DEED. 


he.  at  —  in  —  term  last  past ;  and  also  all  writs  of 
error  or  errors  whatsoever  concerning  the  same. 

In  witness  fyc. 


OF  SURRENDER  BY  DEED. 

A  surrender,  sur  sum  redditio ,  or  rendering  up,  is  of 
a  nature  directly  opposite  to  a  release ;  for  as  that  op¬ 
erates  by  the  greater  estate’s  descending  upon  the  less, 
sl  surrender  is  a  falling  of  the  less  estate  unto  a  great¬ 
er.  It  is  defined,  a  yielding  up  of  an  estate  for  life, 
or  years,  to  him  that  hath  the  immediate  reversion 
or  remainder,  wherein  the  particular  estate  may 
merge  or  drown,  by  mutual  agreement  between 
them.  It  is  done  by  these  words,  “hath  surrender¬ 
ed,  granted ,  and  yielded  up” 

The  surrenderer  must  be  in  possession ;  and  the 
surrenderee  must  have  a  higher  estate,  in  which  the 
estate  surrendered  may  merge;  therefore  tenant  for 
life  cannot  surrender  to  him  in  remainder  for  years. 

Blac/cstone’s  Comm . 


A  Deed  of  Surrender  to  a  person  having  the  Rever¬ 
sion  in  Fee. 

Know  all  men  by  these  presents,  That  I,  A  B,  of 
he.  for  and  in  consideration  of  the  sum  of  &c.  to 
me  in  hand  paid  by  C  D,  of  &lc.  the  receipt  whereof 
I  do  hereby  acknowledge,  have  surrendered,  grant¬ 
ed  and  yielded  up,  and  by  these  presents  do  surren¬ 
der  &c.  unto  the  said  C  D,  his  heirs  and  assigns, 
All  that  messuage  &ic.  (here  describe  the  premises) 
and  the  reversion  and  reversions,  remainder  and  re¬ 
mainders,  rents,  issues  and  profits  of  all  and  singu¬ 
lar  the  said  premises  :  To  have  and  to  hold  the  said 
messuage  he.  and  all  and  singular  other  the  premi¬ 
ses  above  granted  and  surrendered,  with  the  appur¬ 
tenances,  unto  the  said  C  D,  his  heirs  and  assigns, 
to  their  only  proper  use  and  behoof  forever. 

In  witness  fyc. 


SURRENDER  BY  DEED, 


45 


A  Surrender  of  a  term  of  years. 

Know  all  men  by  these  presents,  That  whereas  [ 
A  B,  of  he.  am  possessed  of  and  interested  in  one 
messuage  &lc.  the  remainder  of  a  certain  term  of  — 
years,  the  reversion  whereof  doth  belong  to  C  D,  of 
&c.  lYoiv  know  ye,  that  I  the  said  A  B,  for  and  in 
consideration  of  the  sum  of  —  to  me  in  hand  paid 
by  the  said  C  D,  at  or  before  the  sealing  and  deliv¬ 
ery  of  these  presents,  the  receipt  whereof  I  do  hereby 
acknowledge,  have  granted,  surrendered  and  yielded 
up,  and  by  these  presents,  do  grant  he.  unto  the 
said  C  D,  his  heirs  and  assigns  forever,  the  said 
messuage  Sic.  above  mentioned,  and  all  the  estate 
right,  title,  claim  and  demand  whatsoever  of  me  the 
said  A  B,  of,  in  and  to  the  said  premises,  with  the 
appurtenances,  so  that  neither  I  the  said  A  B,  my 
executors,  administrators  or  assigns,  or  any  of  them, 
shall  or  may  have,  claim  or  demand  the  said  prem¬ 
ises,  or  any  part  thereof,  or  any  estate,  right,  title 
or  interest  of,  in,  or  to  the  same  ;  but  shall  and  will 
at  all  times  hereafter,  of  and  from  all  right,  title,  and 
interest,  of  and  in  the  said  premises,  and  every  part 
thereof,  be  barred  and  forever  excluded  by  these 
presents :  And  I  the  said  A  B,  for  myself,  my  heirs, 
executors  and  administrators,  do  hereby  covenant, 
grant,  promise  and  agree  to  and  with  the  said  C  D, 
his  heirs  and  assigns,  that  he  the  said  C  D,  his  heirs 
and  assigns,  shall  and  may  at  all  times  hereafter, 
peaceably  and  quietly  enter  into,  have,  hold,  use,  oc- 
cupy,  possess  and  enjoy  all  and  singular  the  said 
premises,  and  every  part  thereof,  with  the  appurte¬ 
nances,  without  the  lawful  let,  suit,  trouble,  hin¬ 
drance,  molestation,  interruption  or  disturbance  of 
me  the  said  A  B,  my  executors,  administrators  or 
assigns,  or  of  any  other  person  or  persons  claiming 
under  me,  them  or  any  of  them, 

In  witness ,  fyc,  v 


46 


DECLARATIONS. 


DECLARATIONS. 


Declaration  of  writings  being  deposited  in  the  hands  oj 
a  person ,  in  trust ,  to  be  produced  on  demand .* 

I  do  hereby  declare  and  acknowledge,  that  the 
several  writings  mentioned  hereunder,  are  left  and 
deposited  in  my  hands,  by  and  in  trust  for  A  B,  of 
&c.  and  C  D,  of  &ic.  to  be  kept  as  I  keep  my  own 
goods  and  writings,  and  to  be  produced  for  the  use 
of  either  of  the  said  parties,  on  demand,  as  their 
respective  occasions  shall  require.  Witness  iny 
hand,  the  —  day  of  —  A.  D. 

*  Writings  are  sometimes  deposited,  in  trust,  to  be  produced  on 
demand  of  both  parties,  or  of  one  of  the  parties,  with  notice  to  the  other. 
In  all  cases,  however,  that  may  occur,  the  form  of  the  Declaration  may 
be  easily  varied  to  suit  the  same. 


Declaration  that  Bank  Stock  was  transferred  in  trust, 
and  covenant  to  transfer  back ,  upon  request . 

I,  A  B,  of  &ic.  do  hereby  acknowledge  and  declare 
that  I  purchased  for  C  D,  of  &ic  - —  stock  in  the 
Bank  of  — ,  and  the  same  was  transferred  to  me, 
and  remains  in  my  name,  but  does  belong  to,  and  is 
in  trust  for  the  proper  use  of  the  said  C  D,  and  that 
the  moneys  paid  for  the  same  were  his  proper  mon¬ 
eys:  and  thereof  I,  the  said  A  B,  do  hereby  for 
myself  and  executors  and  administrators,  covenant 
and  agree,  to  and  with  the  said  C  D,  his  executors, 
administrators  and  assigns,  that ,  I,  my  executors, 
and  administrators,  will  at  any  time  hereafter,  at  the 
request  and  charge  of  the  said  C  D,  his  executors 
and  assigns,  transfer  the  said  —  stock  in  the  Bank 
of — ,  unto  him  or  them,  or  to  such  other  person  or 
persons  as  he,  or  they  shall  appoint,  free  from  all 
incumbrances  by  me  the  said  A  B,  my  executors  or 
administrators,  done  or  to  be  done  or  committed. 

In  ivitness  whereof  fyc. 


POWER  OF  ATTORNEY. 


4 1 


Of  Letters  and  Warrants  of  Attorney. 

A  letter  ( or  as  it  is  most  commomly  called  a  pow¬ 
er)  of  Attorney,  is  a  writing,  authorizing  another 
person,  who,  in  such  a  case,  is  called  the  attorney  of 
the  party  appointing  him,  to  do  any  lawful  act  in¬ 
stead  of  another  ;  as  to  give  seizin  of  lands;  receive 
debts,  or  sue  a  third  person  &lc.  and  is  either  general 
or  special.  The  nature  of  this  instrument  is  to  give 
the  attorney  the  full  power  and  authority  of  the 
maker,  to  accomplish  the  act  intended  to  be  perform¬ 
ed  ;  and  sometimes  these  writings  are  revocable, 
and  sometimes  not  so  :  but  when  they  are  revocable, 
it  is  usually  a  bare  authority  only  ;  they  are  irrevo¬ 
cable  when  debts  &c.  are  assigned  to  another,  in 
which  case  the  word,  irrevocably ,  is  inserted  ;  and 
the  intention  of  them  then  is  to  enable  the  assignee 
to  receive  the  debt&c.  to  his  own  use. 

A  warrant  of  Attorney  is  an  authority  and  power 
given  by  a  client  to  his  attorney  to  appear  and  plead 
for  him  Sic. 

N.  B.  If  a  letter  of  attorney  is  to  go  into  a  differ¬ 
ent  jurisdiction,  it  must  be  acknowledged  before  a 
magistrate,  as  in  the  general  form  following  ;  if  into 
a  foreign  country,  or  dominion,  then  it  must  be  ac¬ 
knowledged  before  a  Notary  Public;  otherwise  a 
certificate  of  the  Governor  of  the  State  or  Province, 
or  of  a  Notary  Public  must  be  added,  showing  that 
the  Justice,  before  whom  the  acknowledgment  was 
taken,  is  regularly  commissioned. 


A  general  letter  (or  Power)  of  Attorney. 

Know  all  men  by  these  presents,  That  I,  A  B,  of 
Sic.  have  constituted  and  made,  and  in  my  stead  and 
place  put,  and  by  these  presents  do  constitute  and 
make  and  in  my  stead  and  place  put  C  D,  of  &ic. 
to  be  my  lawful  Attorney  for  me,  and  in  name  and 
stead,  and  to  my  use,,  to  ask,  demand,  sue  for,  recov- 


48 


POWER  OF  ATTORNEY. 


er  and  receive  of  and  from  E  F,  of  Sic.  ail  such  sum 
or  sums  of  money,  debts  and  demands  whatever,  as 
are  now  due  and  owing  unto  me,  the  said  A  B,  by 
and  from  the  said  E  F. 

Giving  and  hereby  granting  unto  my  said  Attor¬ 
ney,  full  power  and  authority,  in  and  about  the 
premises  ;  and  to  take  and  use  all  due  means,  course 
and  process  in  the  law'  for  accomplising  the  same, 
and  in  my  name  to  make,  seal  and  execute  due  ac¬ 
quittances  and  discharges  therefor  :  And  for  the 
purposes  aforesaid  to  appear,  and  me,  his  said  con¬ 
stituent  personally,  to  represent  before  any  governor, 
judges,  justices,  officers,  and  ministers  of  the  law 
whatsoever,  in  any  court  or  courts  whatsoever : 
With  full  power  to  make  and  substitute  one  or  more 
attornies  under  him,  my  said  Attorney,  and  the  same 
again  at  pleasure  to  revoke.  And  generally  to  do, 
transact,  accomplish  and  finish  all  matters  and 
things  whatsoever,  relating  to  the  premises,  as  fully 
and  effectually,  as  I,  his  said  constituent  should, 
ought  or  might  personally,  although  the  matter 
should  require  more  special  authority  than  is  herein 
comprised. 

I  hereby  ratifying  and  holding  firm  and  valid 
whatsoever  my  said  Attorney  or  his  substitutes  shall 
lawfully  do  or  cau*e  to  be  done  in  and  about  the 
premises,  by  virtue  of  these  presents.  In  testimony 
whereof  I  have  hereunto  set  my  hand  and  seal  the 
—  day  of  — ,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  — . 

Signed ,  <^*c. 

C — ,  ss.  (Date)  IS  .  Then  the  above  named 
A  B  personally  acknowledged  the  above  instrument, 
by  him  signed  and  sealed,  to  be  his  deed. 

Before  me,  J  P,  Justice  of  the  Peace. 


LOWERS  OF  ATTORNEY. 


49 


A  general  Warrant  of  Attorney. 

To  all  to  whom  these  presents  shall  come  :  Know 
ye,  That  I,  A  B,  of  Sec.  in  the  county  of  Sec.  do 
hereby  constitute  and  appoint  C  D,  of  he.  in  the 
county  of  he.  my  attorney,  in  all  cases,  real,  per¬ 
sonal  and  mixed,  moved  or  to  be  moved  for  me  or 
against  me,  in  any  court  of  law,  in  my  name  to  ap¬ 
pear,  plead  and  pursue  unto  final  judgment  and  ex¬ 
ecution,  with  power  of  substitution. 

In  witness  whereof,  I  hereto  set  my  hand  and 
seal,  this - day  of - A.  D.  18 


A  Letter  of  Attorney  to  receive  Rent. 

Know  ail  men  by  these  presents,  That  I,  A  B,  of 
fye.  have  made,  constituted  and  appointed,  and  by 
these  presents  do  make,  constitute  and  appoint  C  D, 
of  Sec.  my  true  and  lawful  attorney,  for  me  and  in 
my  name,  and  for  my  own  proper  use  and  behoof, 
to  ask,  demand  and  receive  of  and  from  E  F,  he.  all 
such  rents  and  arrearages  of  rent,  as  now  are,  or 
hereafter  shall  grow  due  from  the  said  E  F,  out  of 
and  from  all  that  my  messuage  or  tenement,  with 
the  appurtenances,  situate  he.  and  upon  receipt 
thereof,  to  give  proper  acquittances  and  sufficient 
discharges  thereof:  And  in  default  of  payment  there¬ 
of,  or  any  part  thereof  to  my  said  attorney,  I  do 
hereby  authorize  and  empower  him  my  said  attor¬ 
ney,  for  me,  and  in  my  name,  to  commence  and 
prosecute,  according  to  law,  any  action  or  actions 
for  the  speedy  recovering  and  obtaining  my  said 
rent  and  arrears  of  rent;  as  by  him  my  sffid  /attor¬ 
ney  shall  be  thought  fit :  Hereby  ratifying  See. 

In.  witness,  fyc. 

*  i 

A  Letter  of  Attorney  to  let  or  sell  Lands. 

Know  all  men  by  these  presents,  That  vvhereas  I, 
A  B,  of  Sec.  am  seized  in  fee,  of  and  in  all  tln&tSec. 
situate  Sec.  now  or  late  in  the  possession  or  occupa¬ 
tion  of  Sec.  JVow  know  ye,  that  I,  the  said  A  B,  have 
5 


50 


POWERS  OF  ATTORNEY. 


made,  constituted  and  appointed,  and  by  these  pres¬ 
ents  do  make,  constitute  and  appoint  C  D,  of  &c.  my 
true  and  lawful  attorney,  for  me,  and  in  my  name, 
to  lease,  let,  sell  or  demise  the  said  he.  to  such  per¬ 
son  or  persons,  and  for  such  a  term  or  number  of 
years,  and  at  and  under  such  yearly  and  other  rents 
as  he  shall  think  fit ;  or  otherwise  to  sell  and  dispose 
thereof,  either  for  life  or  lives,  or  to  sell,  grant,  and 
convey  the  same  absolutely  in  fee  simple,  for  such 
price  or  sum  of  money,  and  to  such  person  or  per¬ 
sons  as  he  shall  think  fit  and  convenient:  And  also 
forme,  and  in  my  name,  to  seal,  execute  and  deliv¬ 
er  such  deeds  and  conveyances  for  the  absolute  sale 

*/ 

and  disposal  thereof,  or  of  any  part  thereof,  with 
such  covenants  and  agreements  to  be  therein  con¬ 
tained,  as  my  said  attorney  shall  thiiik^fit  and  expe¬ 
dient  :  Hereby  ratifying,  confirming  and  allowing  all 
such  other  leases,  deeds  or  conveyances,  as  shall  at 
any  time  hereafter  be  sealed  and  executed  by  my 
said  attorney,  touching  or  concerning  the  premises. 

In  witness ,  fyc. 


*In  irrevocable  Letter  of  Attorney  to  receive  money 

due  on  Bond. 

Knowr  all  men  by  these  presents,  That  I,  A  B,  of 
Sic.  have  made,  constituted  and  appointed,  and  by 
these  presents  do  make,  constitute  and  appoint  C  D, 
of  Sic.  my  true  and  lawful  attorney  irrevocable,  for 
me,  and  in  my  name,  but  to  the  sole  use  of  him,  the 
said  C  D,  to  ask,  demand  and  receive  of  and  from 
E  F,  of  &c.  and  G  H,  of  Sic.  the  sum  of  he.  due 
unto  me,  in  and  by  one  bond  or  obligation,  bearing 
date  &c.  giving,  and  by  these  presents  granting  to 
my  said  attorney,  full  power  and  authority,  in  my 
name,  place  and  stead,  to  do  all  and  every  act  and 
acts,  in  the  law  whatsoever,  for  the  recovery  of  the 
said  debt,  as  fully  to  all  intents  and  purposes,  as  I 
myself  might  or  could  do  :  And  upon  receipt  there¬ 
of,  acquittances  or  other  discharges,  for  me,  and  in 


POWERS  OF  ATTORNEY. 


51 


nay  name,  to  make,  seal  and  execute  :  Hereby  rati¬ 
fying,  confirming  and  allowing  whatsoever  my  said 
attorney  shall  lawfully  do,  or  cause  to  be  done,  in 
or  about  the  premises.  In  witness ,  fyc. 


From  a  Sailor  to  his  Wife ,  to  receive  his  wages  and 

all  other  debts. 

I,  D  C,  of  do  hereby  appoint  my  lawful  wife 
M  C,  my  true  and  lawful  attorney,  for  me  and  in 
my  name,  and  for  my  use,  to  ask,  demand  and  re¬ 
ceive  of  and  from  all  and  every  person  and  persons 
whatsoever,  as  w^ell  all  such  sum  and  sums  of  mo¬ 
ney,  as  now  are,  or  shall  at  any  time  hereafter  be¬ 
come  due  and  owing  to  me  for  wages  from  any  ship 
or  ships  to  which  I  now  do  or  may  belong  ;  as  also 
all  other  monies  now  due,  or  to  become  due  and 
owing  to  me  by  any  other  ways  or  means  whatso¬ 
ever,  and  upon  non-payment,  to  do  all  and  every 
act  and  acts  in  the  law  whatsoever,  for  the  recovery 
of  said  debts,  or  any  of  them,  as  fully  to  intents  and 
purposes,  as  I,  myselfmight  or  could  do,  and  upon 
receipt  &c.  (as  in  the  preceding.) 


A  Revocation  of  a  Letter  of  Attorney. 

Know  all  men  by  these  presents,  That  whereas  f, 
A  B,  of  &ic.  in  and  by  my  letter  of  attorney,  bearing 
date,  he.  did  make,  constitute  and  appoint  (J  D,  of 
he.  my  attorney,  for  recovery  of  all  debts  and  sums 
of  money,  whatsoever,  due  to  me  the  said  A  B,  from 
E  F,  of  &c.  as  bv  the  said  letter  of  attorney  may 
appear  :  JYow  know  ye ,  That  I,  the  said  A  B,  for 
that  the  said  C  D,  hath  abused  the  authority  by  me 
in  him  reposed,  (or  thus,  for  divers  good  causes  and 
considerations  me  hereunto  moving)  have  revoked, 
countermanded,  annulled  and  made  void,  and  by 
these  presents  do  revoke,  he.  the  said  letter  of  at¬ 
torney,  and  all  power  and  authority  thereby  given 
or  intended  to  be  given  to  the  said  C  D. 

In  witness ,  fyc. 


§2  POWERS  OF  ATTORNEY. 

Warrant  to  appear  for  a  Plaintiff  and  prosecute  his 

Suit. 

i,  A  B,  of  &c.  do  hereby  desire  and  authorize  C 
D,  of  he.  to  appear  at  (such  a  Court)  for  me  and  in 
my  behalf,  to  prosecute  a  certain  action  or  plea  of 
— ,  by  me  commenced  against  E  T,  he,  and  there* 
as  well  as  at  any  other  Court  to  which  the  said  cause 
may  he  carried,  to  plead  to  and  pursue  the  same  to 
final  judgment  and  execution,  and  for  your  so  doing 
this  shall  be  to  you  a  sufficient  warrant. 

Witness  my  hand  and  seal  this  —  day  of  &£c. 

*  What  is  printed  in  italics  may  be  inserted  or  left  out,  as  the  case  may 
require. 


Warrant  to  defend  a  Suit. 

I,  E  F,  of  &;c.  do  hereby  desire  and  authorize  C 
D,  of  &c.  to  appear  for  me  in  an  action  or  plea  of 
— ,  commenced  against  me  by  A  B,  of  &lc.  at  a 
Court  he.  to  be  holden  &c.  then  and  there  (dnd  at 
any  other  Court  to  which  the  said  action  may  be  car¬ 
ried)  to  plead  thereto,  and  further  to  do  such  things 
therein  as  he  shall  judge  necessary  for  my  defence 
in  the  said  action.  Witness.,  §-c. 


Warrant  from  the  Plaintiff  to  the  sheriff  and  gaoler , 
to  discharge  the  defendant. 

To  G  L,  Esq.  sheriff  of  S,  and  to  the  keeper  of 
the  common  gaol  within  the  said  county,  J  L,  of — , 
sends  greeting.  Whereas,  J  D,  of  — ,  is  now  in 
your  custody,  by  virtue  of  a  writ  of  Capias  ad 
satisfaciendum,  issued  out  of  the  court  of — ,  at  — , 
at  the  suit  of  me  the  said  J  L,  for  certain  damages 
in  the  said  writ  mentioned,  for  which  said  damages 
I  have  received  satisfaction  :  Now  therefore,  these 
are  to  will  and  authorize  you,  and  each  of  you,  that 
you  immediately  discharge  and  release  the  said  J  D, 
*>f  and  from  the  execution  aforesaid,  and  of  and  fros® 


COMPLAINTS. 


all  writs  and  process  whatsoever,  at  my  suit,  and  of 
and  from  all  or  any  restraint  and  imprisonment,  by 
occasion  of  any  execution,  writ  or  process  heretofore 
charged  against  him  by  me  the  said  J  L,  upon  your 
being  paid  your  fees.  And  for  so  doing,  this  shall 
be  your  sufficient  warrant.  Given  under  my  hand 
and  seal  the  —  day  of — ,  in  the  year  of  our  Lord  — . 


OF  COMPLAINTS. 

Under  this  head  we  shall  insert  one  general  form, 
and  a  few  only  of  the  most  common  cases,  that  oc¬ 
cur  in  the  transactions  of  life. 


To  a  Just  ice  of  the  Peace .  (  General  Form.) 

To  J  P,  Esq.  one  of  the  Justices  assigned  to  keep 
the  Peace  in  and  for  the  county  of  — ,  A  B,  of — , 
in  the  county,  (addition)  in  behalf  of  the  State  of 
— ,  on  oath  complains  against  C  D,  of  — ,  in  the 
county  (addition)  for  that  he  the  said  C  D,  at  — 

aforesaid,  on  the  - day  of  — ,  (here  insert  the 

subject  matter  of  the  complaints)  in  evil  example  tofall 
others  in  like  kind  to  offend,  and  against  the  law, 
peace  and  dignity  of  said  State  :  Wherefore  the  said 
A  B,  prays  that  the  said  C  D  maybe  apprehended 
and  held  to  answer  to  this  complaint,  and  further 
dealt  with  relative  to  the  same,  as  the  law  directs. 

C — ,  ss.  Received  and  sworn  to,  the  —  day  of — , 
A.  D.  18  .  Before  me,  J  P,  Justice  of  the  Peace. 

Oath  to  be  administered.  You  solemnly  swear,  . 
that  this  complaint,  by  you  subscribed,  is  true.  So 
help  you  God. 

Or,  you  solemnly  affirm,  &c.  This  you  do  un¬ 
der  the  pains  and  penalties  of  perjury. 

C — ,  ss.  To  the  Sheriff  of  said  county,  or  his 
Deputy,  and  to  all  or  any  of  the  Constables  of  the 
town  of  — ,  in  said  county,  greeting.  In  the  name 
of  the  State  of  — ,  you  are  required  forthwith  to  ap^ 

5* 


54 


COM  PLANTS. 


prebend  C  D,  mentioned  in  the  above  complaint, 
and  to  bring  him  before  me,  —  Esq.  (or  some  other) 
Justice  of  the  Peace  within  and  for  said  county,  to 
answer  to  the  same,  and  to  be  further  dealt  with 
thereon,  as  to  law  and  justice  shall  appertain.  You 
are  also  required  to  summon  E  F,  G  H,  &ic.  and  the 
complainant,  to  appear  and  give  evidence  touching 
the  matter  contained  in  the  above  complaint,  when 
(and  where)  you  shall  have  the  said  C  D. 

Given  under  my  hand  and  seal,  at —  aforesaid, 
the  —  day  of  — ,  in  the  year  of  our  Lord  one  thou¬ 
sand  eight  hundred  and 

J  P,  Justice  of  the  Peace . 

Officers  Return — [General  Form.] 


C — ,  ss.  Pursuant  to  the  above  warrant,  I  have 
apprehended  C  D,  therein  named,  and  have  him 
before  JP,  Esq.  for  the  purpose  therein  mentioned. 
I  have  also  summoned  E  F,  G  H,  &ie.  to  appear  and 
give  evidence,  as  I  am  therein  directed. 

(  Constable ,  or  Deputy  Sheriff \ 
9  \  as  the  case  may  be. 

C  D,  what  say  you  to  this  complaint  :  are  you 
guilty  ar  not  guilty,  (in  manner  and  form  as  is 
therein  alledged )  ? 


Oath  of  Witnesses . 

You,  and,  each  of  you,  solemnly  swear  (or  affirm) 
that  the  evidence  you  shall  give  o  the  Court  in  the 
cause  now  in  hearing  shall  be  the  ruth,  the  whole 
truth,  and  nothing  but  the  truth.  So  help  you  God : 
or  this  you  do  fyc.) 

For  Assault  and  Battery. 

(Begin  as  in  preceding) — of  he.  in  the  county  of 
Sic.  on  oath  complains  against  E  D,  of  W,  in  the 
county  of  ^-c.  for  that  he,  the  said  E  at  W,  afore¬ 
said,  on  the  —  day  of  — ,  in  and  upon  the  said  A 
B,  then  and  there  being  in  the  Peace  of  God,  and 
of  said  State,  with  force  and  arms,  an  assault  did 
isake.  and  him,  the  said  A  B,  did  beat  and  evil  in- 


RECOGNIZANCES. 


55 


treat  ;  and  then  and  there  other  enormous  things 
did,  to  the  great  hurt  and  damage  of  the  said  A  B, 
in  evil  example  to  all  others  in  like  kind  to  offend, 
and  against  the  law,  peace  and  dignity  of  said 
State  :  Wherefore  &c.  (as  in  the  preceding.) 

For  goods  stolen . 

(Begin  as  before)  A  B,  of  W,  in  the  county  of 
— ,  on  oath  informs  the  said  Justice,  that  on  the  — 
day  of — ,  the  goods  in  the  schedule  hereunto  an¬ 
nexed,  of  the  value  of  — ,  the  property  of  the  said 
A  B,  were  feloniously  stolen,  taken  and  carried 
away  from  the  —  of  him  the  said  A  B,  at  W,  afore¬ 
said,  and  that  he  hath  probable  cause  to  suspect,  and 
doth  suspect,  that  C  D  did  steal,  take  and  carry 
away  the  same  goods  as  aforesaid  :  Wherefore  &ic. 
( as  in  the  preceding.) 

The  Warrant  &c.  as  in  the  preceding,  except  the 
use  of  word  “  Information”  instead  of  “  Com¬ 
plaint  and  that  usage  is  governed  by  the  word 
that  follows  “  Oath”  in  the  complaint  or  informa¬ 
tion. 


RECOGNIZANCES. 


Recognizances  of  Parties. 

STATE  OF  M— . 

C — ,  ss.  Be  it  remembered,  That  at  a  Court 
holden  before  me,  J  P,  one  of  the  Justices  of  the 
Peace,  in  the  county  of  C — ,  on  the  —  day  of  — , 
A.  D.  182  personally  appeared  ( Here  insert  the 
names)  and  acknowledged  themselves  to  be  indebt¬ 
ed  to  the  State  of  M — ,  in  the  sums  following,  to 

wit :  the  6aid  C  D,  as  principal,  in  the  sum  of - 

dollars,  and  the  said  —  his  sureties,  in  the  sum  of 
—  dollars,  to  be  levied  on  their  goods,  chattels, lands 
and  tenements,  and  in  want  thereof  upon  their  bo¬ 
dies,  to  the  use  of  the  State,  if  default  be  made  in 
the  condition  following  t 


56 


RECOGNIZANCES. 


The  condition  of  this  Recognizance  is  such,  That 
whereas  the  said  C  D  has  been  brought  before  me, 
one  of  the  Justices  of  the  Peace,  within  and  for  the 
county  of  C — ,  by  virtue  of  a  warrant  duly  issued 
upon  the  complaint,  on  oath,  of  — ,  charging  him  the 
said  C  D,  with  having  committed  — ,  and  the  said 
C  D  having  pleaded  not  guilty  to  the  said  complaint; 
but  having  been  by  me  found  guilty  of  the  same, 
and  been  sentenced  to  {‘pay  —  dollars, fine,  and  costs 
of  Court ,  or  to  be  imprisoned  —  days ,  and  pay  costs 
of  Court ,  as  may  be,)  and  the  said  C  D  having 
claimed  an  appeal  from  said  sentence  to  the  next 
Court  of  Common  Pleas,  to  be  held  at  — ,  in  and 
for  said  county  of  — ,  on  the  —  Tuesday  of  — . 

Now  therefore,  If  the  said  C  D  shall  appear  at 
the  Court  aforesaid,  and  prosecute,  his  said  appeal 
with  effect;  and  abide  the  order  of  said  Court,  and 
not  depart  without  license  ;  then  this  recognizance 
shall  be  void,  otherwise  remain  in  full  force  and 
virtue.  J  P,  Justice  Peace . 

(The  first  part  as  in  the  foregoing.)  The  con¬ 
dition  of  the  above  recognizance  is  this,  That  where¬ 
as  the  said  — ,  has  been  brought  before  me  the  sub¬ 
scriber,  one  of  the  Justices  of  the  Peace  in  and  for 
the  county  of  — ,  by  virtue  of  a  warrant  duly  issued 
upon  the  complaint,  on  oath  of — ,  charging  him  the 

said  — .  with  having  committed  the  crime  of  - , 

and  upon  examination  of  the  facts  relating  to  said 
charge,  it  appearing  to  me  that  there  is  good  cause 
to  suspect  the  said  —  to  be  guilty  of  said  offence ; 
and  the  said  offence  not  being  cognizable  by  me; 
and  he  thereupon  having  been  required  to  recognize 
with  sufficient  surety  or  sureties  for  his  personal  ap¬ 
pearance  at  the  next  —  Court,  to  be  held  within 
and  for  the  county  of  — ,  on  the  —  Tuesday  of  — . 
and  for  his  keeping  the  peace  and  being  of  good  be¬ 
haviour  until  the  sitting  of  said  Court.  Now  there¬ 
fore,  if  the  said  —  shall  personally  appear  at  the 
Court  aforesaid,  and  answer  to  such  matters  and 


MITTIMUS.— BASTARDY  COMPLAINT.  57 

tliiugs,  as  may  be  objected  against  him,  and  more 
especially  to  the  charge  contained  in  said  complaint, 
and  shall  abide  the  order  and  judgment  of  said 
Court,  and  not  depart  without  license;  and  shall  in 
the  mean  time  keep  the  peace,  and  be  of  good  be¬ 
haviour;  then  this  recognizance  shall  be  void,  oth¬ 
erwise  remain  in  full  force  and  virtue. 

G  B,  Justice  Peace, 


Mittimus — [General  Form.] 

STATE  OF  M - . 

C —  ss.  To  the  Sheriff  of  our  said  county  of  C, 
or  either  of  his  Deputies,  or  any  of  the  Constables 
of  the  town  of  — ,  in  said  county,  greeting.  Where¬ 
as  C  D,  hath  this  day  been  brought  before  —  Esq. 
one  of  the  Justices  of  the  Peace  within  and  for  our 
said  county  of  C,  by  virtue  of  a  warrant  issued 
against  him,  on  the  information  and  complaint  of — 

And  whereas  the  said  Justice,  after  due  examina¬ 
tion  thereon,  has  considered  that  the  said  C  D  is 
guilty  of  the  said  offence,  and  has  thereupon  senten¬ 
ced  him  to  pay  a  fine  of  — ,  and  costs  of  prosecution 
taxed  at  — ,  which  sentence  he  hath  refused  to  com¬ 
ply  with  and  perform.  We  command  you  therefore, 
that  you  take  the  said  C  D,  and  him  forthwith  car- 
ry  to  our  said  gaol  in  — ,  and  deliver  —  to  the 
keeper  thereof,  together  with  this  precept :  and  we 
do  hereby  require  the  said  keeper  to  receive  the  said 
C  D  into  his  custody,  in  our  said  gaol,  and  him 
there  safely  keep,  until  he  shall  pay  the  said  fine  and 
costs,  together  with  —  cents  for  this  warrant;  or  be 
otherwise  discharged  therefrom  by  due  order  of  law. 

Witness  our  said  Justice,  at  —  aforesaid,  the  — * 
day  of  — ,  A.  D.  18 — 


Bastardy. 

The  voluntary  examination  and  accusation  of  M 
E,  of — ,  in  the  county  of  — .  single  woman,  taken 
on  oath  before  me,  J  P,  Esq.  one  of  the  Justices  as- 


58 


BASTARDY  WARRANT. 


signed  to  keep  the  Peace  in  and  for  said  county, 
who  saith,  that  she  is  now  with  child;  and  that  the 
said  child  is  likely  to  be  born  a  bastard,  and  charge¬ 
able  to  the  town  of  — ,  in  the  county  of  — ,  and  ac¬ 
cuses  A  B,  of — ,  in  the  county  of  — ,  of  being  the 
father  of  said  child,  and  that  he  did  beget  her  with 
child,  as  aforesaid  in  — ,  in  the  county  of — ,  on  or 
about  the  —  day  of  — ,  at  (here  the  house  fyc.) 

The  said  M  E  therefore  prays  that  he,  the  said  A 
B,  may  be  apprehended,  and  held  to  answer  to  this 
accusation,  and  further  dealt  with  thereon,  accord¬ 
ing  to  law.  M  E 

Taken,  signed  and  sworn  to,  on  the —  day  of — j 
in  the  year  of  our  Lord  — 

V 

Before  me,  J  P,  Justice  of  the  Peace. 

Note.  When  the  examination  is  after  the  birth,  the  form  will  be  va¬ 
ried  thus,  That  on  the  —  day  of  — ,  now  last  past,  at — ,  in  the  town  of 
— ,  in  the  county  aforesaid,  she,  the  said  M  E  was  delivered  of  a  (rnale ) 
bastard  child,  and  that  the  said  bastard  child  is  likely,  &c. 


Warrant. 

C  —  ss.  To  the  Sheriff  of  our  said  county,  or 
his  Deputy,  or  to  either  of  the  Constables  of  the 
town  of  — ,  in  said  county,  greeting.  Whereas  M 
E,  by  her  voluntary  examination  hath  declared  that 
she  is  with  child,  and  that  said  child  is  likely  to  be 
born  a  bastard,*  and  chargeable  to  the  town  of  — , 
and  accuses  A  B,  of  — ,  in  the  county  of  — ,  of  be¬ 
ing  the  father  of  said  child,  and  hath  prayed  process 
against  the  said  A  B  : 

Therefore,  in  the  name  of  the  State  of  Maine,  you, 
the  said  Sheriffs  and  Constables,  or  either  of  you, 
are  hereby  required  forthwith  to  apprehend  the  said 
A  B,  (if  in  your  precinct)  «and  to  bring  him  before 
me  the  subscriber,  or  some  other  Justice  of  the  Peace, 
in  and  for  said  county  of  C — ,  to  find  sufficient 
sureties,  as  well  for  his  personal  appearance  at  the 
next  Court  of  Common  Pleas,  to  be  held  at  — ,  in 
and  for  said  county,  as  that  he  shall  abide  such  or¬ 
der  or  orders,  as  shall  then  and  there  be  taken,.  In 


BASTARDY  MITTIMUS.  59 

pursuance  of  a  law  of  said  State  in  such  case  made 
and  provided. 

Given  under  my  hand  and  seal,  at  —  aforesaid, 
t he  —  day  of,  in  the  year  of  our  Lord 

J  P,  Justice  of  the  Peace . 

*  (Note.)  If  the  child  be  born,  vary  the  words  of  the  warrant  to  cor¬ 
respond  with  the  complaint ;  also  as  follows,  “  And  hath  charged  A  P>, 
of — ,  with  having  begotten  her  with  child  of  the  said  bastard  child,”  &c. 


Mittimus. 

C — ,  ss.  To  the  keeper  of  the  gaol  in  said  coun¬ 
ty,  greeting.  Whereas  M  E,  of  &c.  in  her  voluntary 
examination  on  oath,  this  day  taken  before  me  J  P, 
Esq.  one  of  the  Justices  assigned  to  keep  the  Peace 
in  and  for  said  county,  hath  declared  herself  to  be 
with  child,*  and  that  the  said  child  is  likely  to  be 
born  a  bastard,  and  become  chargeable  to  said  town 
of  — ,  and  hath  accused  A  B,  of  — ,  in  the  county 
— ,  with  having  begotten  her  with  child  of  said  bas¬ 
tard  child  :  And  whereas  the  said  AB,  now  present 
before  me,  refuses  to  enter  into  a  Recognizance,  with 
sufficient  sureties,  for  his  personal  appearance  at  the 
next  Court  of  Common  Pleas,  to  be  held  at  — ,  in 
and  for  said  county  to  answer  to  said  charge,  and 
to  abide  and  perform  such  order  or  orders  as  shall 
then  and  there  be  made,  as  required  by  me  the  said 
Justice,  to  wit,  himself  as  principal  in  the  sum  of — 
dollars,  with  sufficient  sureties  in  a  like  sum  :  You 
the  said  keeper  are  hereby  required  to  receive  the 
said  A  B  into  your  custody  in  said  gaol,  and  him 
there  safely  to  keep  until  he  shall  give  security  as 
aforesaid,  or  shall  otherwise  be  discharged  by  due 
order  of  law. 

Given  under  my  hand  and  seal,  at  —  aforesaid, 
the —  day  of  — ,  in  the  year  of  our  Lord  one  thous¬ 
and  eight  hundred  and 

J  P,  Just:  Peace. 

*  (Note.)  If  the  child  be  bom,  vary  as  in  the  complaint  and  war¬ 
rants. 


60 


PETITIONS. 


PETITIONS. 


To  obtain  a  patent. 

To  the  Hon.  A  B,  Secretary  of  State  of  the 
United  States. 

The  Petition  of  C  D,  of  — ,  in  the  countv  of — 
and  State  of  — ,  respectfully  represents: 

That  your  Petitioner  has  invented  a  new  and 
useful  improvement  in  — ,  not  known  or  used  be¬ 
fore  his  application,  the  advantages  of  which  he  is 
desirous  of  securing  to  himself  and  his  legal  rep- 
sesentatives ;  he  therefore  prays,  that  letters  patent 
of  the  United  States  may  be  issued,  granting  unto 
your  petitioner,  his  heirs,  administrators,  or  assigns, 
the  full  and  exclusive  right  of  making,  constructing, 
using  and  vending  to  others  to  be  used,  his  said 
improvement,  agreeably  to  the  acts  of  Congress  in 
such  cases  made  and  provided  ;  your  petitioner 
having  paid  thirty  dollars  into  the  treasury  of  the 
United  States,  and  complied  with  the  other  provis¬ 
ions  of  the  said  acts. 

To  the  Governor  and  Council. 

To  the  Governor  and  Council  of  the  State  of 
Maine. 

The  Petition  of  A  B,  of  Ssc.  humbly  shews,  that 

Srp  ******** 


To  the  Legislature. 

To  the  Senate  and  House  of  Representatives  of 
the  State  of  Maine,  in  Legislature  assembled,  Jan¬ 
uary,  18 — 

The  Petition  of  A.  B,  of  &c.  humbly  shews,  that 

******** 


Application  to  the  Supreme  Judicial  Court ,  (or 
Court  of  Common  Pleas.)  for  a  Partition  of 
Lands. 

To  the  Honorable  Justices  of  the —  Court,  &c. 
begun  and  holden  at  — ,  within  and  for  the  county 
of  — . 


Note.  The  usual  form  of  ending  petitions  is  the  same.  After  setting 
forth  the  subject  matter  of  the  petition,  it  may  proceed  thus :  Wherefor * 
your  petitioners  request  4‘C.  and  as  in  duty  bound  will  ever  pray. 


PETITIONS. 


6  I 

The  Petition  of  A  B,  of  Sic,  humbly  shews,  that 
he  is  interested  with  C  D,  of  See.  ( or  others  to 
him  unknown ,  as  the  case  may  he)  in  (here  describe 
the  land  to  be  divided)  that  your  Petitioner  is  de¬ 
sirous  of  holding  and  enjoying  his  share  in  said  — , 
being  —  part  in  severalty.  He  therefore  prays 
your  honors  that  partition  thereof  may  be  made, 
and  his  said  part  assigned  and  set  out  to  him  to  bold 
in  severalty,  pursuant  to  the  statute  in  such  cases 
made  and  provided.  A.  B. 

Note. — If  a  petition  as  aforesaid,  be  sustained  the  Court,  notice 
will  be  ordered  thereon  :  after  which,  if  no  objections  be  made,  a  com¬ 
mittee  will  be  appointed  with  a  warrant  to  make  the  partition  prayed 
for.  and  to  make  return  of  their  doings  into  the  Clerks’  Office  of  the 
said  Court — which  return  may  be  as  follows  : 

Report  to  be  returned. 

Pursuant  to  an  order  of  the  Court  of  for  the 
County  of  C,  begun  and  holden  at  — ,  within  and  for 
said  county,  on  the  —  Tuesday  of  — ,  A.  D.  IS — , 
appointing  and  authorizing  us  to  make  partition 
of  —  (as  described  in  said  order.) 

Or,  If  written  upon  the  back  of  the  Warrant ,  say — 

Pursuant  to  the  within  order  of  court,  we,  the 
subscribers,  having  been  first  sworn,  and  having 
given  notice  to  all  concerned,  have  made  partition 
of  said  —  (or  of  the  land  therein  described)  and 
set  off  to  A.  B.  for  his  share  of  the  same  as  follows, 
viz.  (Here  describe  the  said.  A.  B’s.  share.) 

Given  under  our  hands  this —  day  of  — 

E.  F. 

G.  H. 

I.  K. 

Note.  — TJiis  report  being  returned  into  the  Clerk’s  Office  as  afore¬ 
said,  must  be  there  recorded,  and  also  in  the  registry  of  deeds  in  the 
county  where  the  estate  lies. 


When  a  Grantor  or  Lessor  refuses  to  acknowledge 

a  Deed,  or  Lease. 

To  3  T,  Esq.  one  of  the  Justices  of  the  Peace 
within  and  for  tiie  county  of  — ,  complains  A  B, 
6 


62 


PETITIONS. 


of  &:c*  that  C  D,  of  &ic.  on  the  —  day  of — ,  signed 
and  sealed  a  deed  conveying  to  him,  in  fee  simple 
(for  term  of  life — or  lease  for  more  than  seven  years , 
as  the  case  may  be.)  [ Here  the  premises  may  be,  gen¬ 
erally  described .]  Which  deed  the  said  C  D  hath 
refused,  and  still  doth  refuse,  to  acknowledge  before 
a  Justice  of  the  Peace.  He  therefore  requests  that 
you  would  issue  a  summons  to  the  said  C  D,  to  ap¬ 
pear  before  you,  to  hear  the  testimony  of  th&rfub- 
scribing  witnesses  thereunto,  and  thajt  such  other 
proceedings  may  be  had  thereon  as  thjb  law  in  such 
cases  directs.  ♦ 

Dated ,  fyc.  A.  B. 


Application  to  the  Court  of  Sessions ,  of  a  Person 
who  considers  himself  injured  by  the  laying  out, 
altering  or  discontinuing ,  of  any  toivn  or  private 
way. 

To  the  honorable  Justices  of  the  Coup  of  Sessions 
for  the  county  of  — ,  next  to  be  boldenfct — ,  in  said 
county,  on  the —  Tuesday  of — ,  A.  D/18  ,  A  B, 

of — ,  in  said  county  humbly  shews,  that  the  select¬ 
men  of  the  said  town  of — ,  have  laid  out  a  town  or 
private  way  through  the  land  of  your  petitioner, 
which  has  been  approved  and  allowed  by  the  said 
town  at  a  public  meeting  of  the  inhabitants  thereof, 
the  courses  whereof  are  as  follows,  viz.  [ Here,  insert 
the  courses,  from  the  return  of  the  way,  a  copy  where¬ 
of  shoidd  be  exhibited  to  the  Court .]  Or,  [That  the 
said  town  of  — ,  have  altered  (or  discontinued,  as  the 
case  may  be)  a  town  or  private  way  running  from 
—  to  — ,  which  being  previously  laid  out  by  the  se¬ 
lectmen,  was  approved  and  allowed  by  the  town  at 
a  public  meeting  of  the  inhabitants  thereof,  on  — - 
A.  D.  18  ,  and  has  ever  since  been  improved  as 

such]  whereby  your  petitioner  thinks  himself  great¬ 
ly  injured,  and  saith  that  he  hath  sustained  dama¬ 
ges  thereby  to  the  amount  of  — ,  all  which  he  is 
ready  to  make  appear. 


PETITIONS. 


63 


He  therefore  applies  for  remedy  to  this  honorable 
Court,  and  prays  that  your  Honors  would  inquire 
into,  and  determine  the  matter  by  a  jury  thereunto 
appointed,  and  thereupon  assess  damages  for  him, 
to  be  paid  by  the  said  town  of — ,  according  to  a 
law  of  the  State  in  such  cases  made  and  provided. 
Dated —  A.  D.  18  A.  13. 


Fo  rm  of  an  Application  to  the  Court  of  Sessions ,  to 
cause  a  Private  W ay  to  be  laid  out ,  when  the  Se¬ 
lectmen  refuse  to  lay  out  the  same. 

To  the  honorable  Justices  of  the  Court  of  Ses¬ 
sions  for  the  county  of  — ,  next  to  be  holden  at  — , 
in  said  county  on  the  —  Tuesday  of — ,  A.  D.  18  , 

A  B,  an  inhabitant  of  (or  a  proprietor  of  land  in ,  as 
the  case  maybe)  the  town  of  — ,  in  said  county, 
humbly  shews,  that  a  private  way  from  — ,  in  said 
town  is  much  wanted  for  the  use  of  the  inhabitants 
thereof  (or,  for  the  use  of  —  as  the  case  may  be )  and 
that  although  application  hath  been  made  to  the 
Selectmen  of  said  town,  to  lay  out  the  same,  they 
have  unreasonably  delayed,  and  still  do  unreasona¬ 
bly  delay  and  refuse  so  to  do.  He  therefore  requests 
that  your  honors  would  cause  the  same  to  be  laid  out 
by  a  committee  of  three  disinterested  freeholders, 
agreeably  to  law  in  such  case  made  and  provided. 
Dated  —  A.  D.  18  A.  B. 


Report  of  a  Committee  appointed  by  the  C.  of  S.  to 

lay  out  a  Highway. 

We  the  subscribers,  a  committee  authorized  and 
empowered  by  the  within  warrant  to  lay  out  a  high¬ 
way  within  the  said  town  of  &c.  having  performed 
that  service,  ask  leave  to  report,  that  we  appointed 
- ,  the  time  and  place  of  our  meeting,  to  com¬ 
mence  our  proceedings  in  the  premises  ;  that  of  said 
appointment  we  notified  A  B,  C  D,  kc.  ( being  all 


64 


PETITIONS. 


Ike  persons  owning  the  land  passed  over  by  said  high¬ 
way)  three  days  before  the  said  time  of  our  meet¬ 
ing  ;  that  according  to  appointment  and  notice,  we 
met  at  the  time  and  place  aforesaid,  and  having  been 
sworn  to  perform  the  services  aforesaid,  according 
to  our  best  skill  and  judgment;  with  most  conven¬ 
ience  to  the  public,  and  the  least  prejudice  or  dam¬ 
age  to  private  property,  and  also  faithfully  and  im¬ 
partially  to  estimate  all  damages  which  any  person 
or  persons  may  suffer  in  his  or  their  property,  by 
the  laying  out  of  said  highway,  we  proceeded  to  lay 
out  the  said  highway  as  follows,  viz.  :  (here  give 
an  accurate  description  of  the  courses ,  <^c.)  And  we 
have  under  oath  aforesaid  estimated  the  damages  to 
be  paid  to  the  owners  of  the  land  taken  for  said 
highway  as  follows,  viz.  (here  name  the  several  sums 
awarded  to  the  respective  owners.) 

We  have  also  assigned  to  the  owners  of  the  land 
taken  for  said  highway  —  months  to  take  off  the 
wood,  timber  and  trees  growing  and  being  thereon, 
after  the  acceptance  of  this  report.  We  further  re¬ 
port  that  the  said  town  of  — ,  appeared  by - , 

selectmen,  and  by — ,  their  agent;  and  we  attended 
to,  and  maturely  considered,  the  observations  and 
arguments,  which  any  of  them  were  pleased  to 
make  ;  and  in  the  best  way  and  manner  we  could, 
have  ascertained  the  place  and  course  of  the  said 
highway  :  All  wjiich  is  respectfully  submitted. 

In  witness,  <^c. 


j Form  of  an  application  to  the  Court  of  Sessions,  by 
a  Person  aggrieved,  when  a  tovm  refuses  to  ap¬ 
prove  of  a  Private  Waylaid  out  by  the  Selectmen . 

To  the  honorable,  the  Justices  of  the  Court  ol 
Sessions  for  the  county  of  — ,  next  to  be  holden  at 
— ,  in  said  county,  on  the  —  Tuesday  of — ,  A.  D. 
iS  ,  A  B,  of — ,  in  said  county,  humbly  shews, 
that  a  private  way  from  — ,  to  —  in  said  town  is 


PETITIONS'. 


65 


much  wanted,  and  that  although  the  Selectmen  of 
said  town  have  laid  out  such  way,  and  reported  tin* 
same  to  the  town  at  a  public  meeting  of  the  inhabi¬ 
tants  thereof,  regularly  notified  and  warned  ;  yet 
the  town  has  unreasonably  delayed  and  refused  to 
approve  and  allow  the  same  ;  by  which  refusal 
and  delay,  your  petitioner  considers  himself  ag¬ 
grieved. 

He  therefore  prays  that  your  honors  would, agree¬ 
ably  to  law  in  such  cases  made  and  provided,  accept 
and  approve  of  the  said  private  way,  laid  out  as 
aforesaid,  and  direct  the  same  to  be  recorded  in  toe 
town  book  ©f — ,  or  order  the  said  way  to  be  laid 
out  by  a  committee  of  three  disinterested  freeholders, 
to  be  appointed  by  your  honors  for  that  purpose; 
as  your  honors  in  your  wisdom  shall  see  fit. 

Dated- — A.D.  18  A.  B. 


Form  of  an  Application  to  the  Court  of  Sessions,  by 

a  Person  who  considers  himself  aggrieved  by  the. 

Continuance  of  a  Private  Way. 

To  the  honorable  Justices  of  the  Court  of  Ses¬ 
sions  for  the  county  of  — ,  next  to  be  holden  at  — , 
in  said  county,  on  the  —  Tuesday  of  — ,  A.  D.  1 8  . 
A  B,  of  — ,  in  said  county,  humbly  shews,  that  at 
a  regular  meeting  of  the  inhabitants  of  the  said  town, 
on  the  —  day  of  — ,  A.  D.  18  ,  they  approved 

and  allowed  of  a  private  way  previously  laid  out  by 
the  Selectmen  of  said  town,  as  follows,  viz.  (Here 
insert  the  courses ,  fyc.from  the  return,  a  copy  where¬ 
of  should  be  exhibited  to  the  Court.) 

That  by  the  continuance  of  said  way,  your  pe¬ 
titioner  is  much  aggrieved.  He  therefore  prays  that 
your  honors  would  order  and  direct  a  discontinu¬ 
ance  of  the  same,  agreeably  to  a  law  of  the  State, 
in  such  cases  made  and  provided. 

Dated  —  A.  D.  18 

6* 


A,  B, 


66 


PETITIONS. 


Form  of  an  Application  to  the  C.  of  S.  by  a  Person 
who  thinks  himself  over-rated. 

To  the  honorable  Court  of  Sessions  for  the  coun¬ 
ty  of  — ,  next  to  be  holden  at  — ,  in  and  for  the 
said  county,  on  the  —  day  of — ,  A.  D.  18  ,  com¬ 

plains  A  B,  of  — ,  in  said  county  of  — ,  that  the  as¬ 
sessors  of  the  said  town  of  — ,  for  the  —  year  — 
(viz.  W  S,  P  W  and  H  M,)  in  their  list  of  assess¬ 
ment,  committed  to  G  W,  collector  of  the  said  town, 
have  apportioned  upon  your  complainant  the  sum 
of — ,  which  (if  it  be  50,  add)  he  has  been  obliged  to 
pay  to  the  said  collector,  at  which  he  considers  him¬ 
self  aggrieved,  and  although  he  has  made  applica¬ 
tion  to  the  said  assessors  (or  the  assessors  for  the 
time  being,  as  the  case  may  be)  they  refuse  to  make 
him  any  abatement  ;  he  therefore  applies  to  this 
honorable  Court  for  relief,  and  prays  that  your  hon¬ 
ors,  agreeably  to  a  law  of  this  State  in  such  cases 
provided,  would  order  him  a  reimbursement  out  of 
the  treasury  of  said  town,  of  such  sum  as  your  hon¬ 
ors  shall  see  cause  to  abate  him,  with  the  charges  of 
this  process  ;  and,  as  in  duty  bound,  will  ever  pray. 

A  B. 


Petition  of  a  person  disabled  in  the  land  or  sea 
service  of  the  United  States  for  a  pension .* 

To  the  Hon.  A  B,  Secretary  of  War  (or  of  the 
JVavy)  of  the  United  States  : 

The  Petition  of  D  C,  of  — ,  in  the  county  of  — , 
and  State  of  — ,  respectfully  represents,  That  &£C. 
(Here  insert  the  kind,  and  grade  of  service ,  the  time 
and  manner  of  receiving  of  the  wound  or  injury ,  the 
length  of  service  previous  fyc.  arranged  as  may  be 
most  convenient.)  That  your  petitioner  is  thereby 
wholly  (or,  in  a  great  degree ,  as  the  case  may  be) 
incapacitated  from  pursuing,  with  success,  his  ac¬ 
customed  calling  of  &lc.  and,  being  destitute  of  the 
means  of  comfortable  support,  is  under  the  neces- 


PETITIONS, 


67 


sity  of  asking  from  the  United  States  a  pension  al¬ 
lowance,  agreeably  to  the  several  statutes,  in  such 
cases  made  and  provided  :  Your  petitioner  further 
shews,  for  reasons  why  he  has  not  made  said  appli¬ 
cation  before  this  time,  the  following,  viz.  ( Here  insert 
the  reasons.)  Wherefore  he  requests  that  his  said 
petition  may  be  sustained  and  duly  considered  by 
your  Honor,  to  the  end  that  the  prayer  thereof  may 
be  speedily  granted.  D  C. 

*  If  in  the  land-service,  it  must  be  addressed  to  the  Secretary  of  War. 
If  in  the  sea-service  to  the  Secretary  of  the  Navy. 

Note. — A  Remonstrance  is,  in  form,  very  much  like  a  Petition,  and 
usually  follows  it,  when  the  thing  prayed  for  by  the  same,  is  opposed  to 
the  views  or  interests  of  the  persons  remonstrating,  or  thereby  shewing 
cause,  why  the  prayer  of  the  said  petition  should  not  be  granted.  It  is 
defined  to  be  “  a  strong  representation”  of  facts  relating  to  a  particu- 
larcase.  The  word  remonstrant,  or  remonstrants ,  used  in  the  same 
sense  as  petitioner  or  petitioners,  in  a  petition,  although  an  illegitimate 
member  in  the  family  of  the  King’s  English,  seems  to  have  been  general¬ 
ly  adopted  in  this  State.  Some  word  is  truly  wanting  in  this  casej  but 
there  is  no  standard  authority  for  the  present  usage. 


Application  to  a  Justice  of  the  Peace  for  a  Propri¬ 
etors'  meeting . 

To  J  P,  Esq.  one  of  the  Justices  of  the  Peace, 
within  and  for  the  county  of  — . 

We  the  subscribers,  five  (or,  a  major  part)  of  the 
proprietors  of — ,  judging  a  Proprietors’  meeting  to 
be  necessary,  do  hereby  request  you  to  issue  a  war¬ 
rant  for  the  calling  of  a  meeting  of  said  Proprietors, 
to  be  holden  at  — ,  on  — ,  at  —  o’clock  in  the  — 
noon,  to  act  upon  the  following  articles,  viz. 

1.  To,  &£c.  A  B. 

2.  To,  &c.  C  D. 

E  F. 

G  H. 

Dated,  ^c.  I  K. 

C — ,  ss.  To  A  B,  one  (or  Clerk)  of  the  Pro¬ 

prietors  of  — 

[l.  s.]  You  are  hereby  required,  in  the  name  of  the 
State  of  — ,  to  notify  the  Proprietors  of  — ,  in  man¬ 
ner  as  the  law  directs,  to  meet  at  the  time  and  place 


' 


I  (33  WRITS,  &c. 

and  for  the  purposes  mentioned  in  the  foregoing  ap¬ 
plication. 

Given  under  my  hand  and  seal,  this  —  day  of — , 
A.  D.  18  . 

J  P,  Just.  P .  for  the  said  county  of — . 

,  Notification. 

In  pursuance  of  the  foregoing  warrant  to  me  di¬ 
rected,  I  do  hereby  notify  the  Proprietors  of  — ,  to 
meet  at  the  time  and  place  mentioned  in  the  fore¬ 
going  application,  and  for  the  purposes  therein 
expressed.  A  B. 

Dated,  fyc. 


OF  WRITS  AND  OTHER  LEGAL  PRO¬ 
CEEDINGS. 


A  writ,  in  general,  is  a  precept,  in  writing,  under 
seal,  issuing  out  of  some  Court,  to  the  Sheriff,  or 
other  person,  and  commanding  something  to  be 
done  touching  a  suit  or  action. 

A  declaration  is  that  part  of  a  writ  which  shows 
the  cause  of  complaint  against  the  defendant, 
wherein  the  party  is  supposed  to  have  received 
some  wrong. 

The  forms  of  writs ,  in  this  State,  are  established 
by  law.  The  declaration  must  be  formed  accord¬ 
ing  to  the  case. 

Writ  of  Attachment. 

- ,  ss.  To  the  Sheriff  of  our  said  County  of 

— ,  or  either  of  the  Deputies,  or  a  constable  of  any 
town  in  said  county,  or  either  of  them,  greeting  : 

In  the  name  of  the  State  of  Maine,  you  are  here¬ 
by  required  to  attach  the  goods  or  estate  of  A  B, 
of  — ,  in  the  county  of  —  [Addition]  to  the  value 
of  [twenty  dollars]  ;  and  for  want  thereof  to  take  the 
1  body  of  the  said  A  B,  if  he  may  be  found  in  your 


ASSUMPSIT. 


69 


precinct,  and  him  safely  keep,  so  that  he  may  be 
had  before  me,  H  S,  Esq.  one  of  the  Justices  of 
the  Peace  for  the  county  aforesaid,  at  my  dwelling- 
house,  to  wit,  at  my  office,  in  P,  in  said  county,  on 
[Saturday,]  the  —  day  of  — ,  18 — ,  at  —  of  the 
clock  in  the  — noon,  then  and  there  to  answer  unto 
D  C,  of  —  in  the  county  of  —  [addition]  in  a  plea 
of  [the  case,]  for  that  &c.  (Here  insert  the  De¬ 
claration.) 

Yet  though  often  requested,  said  A  B  hath  never 
paid  said  sum,  [or  any  part  thereof  ]  but  neglects 
and  refuses  so  to  do.  To  the  damage  of  the  plain¬ 
tiff,  as  he  says,  the  sum  of  twenty  dollars,  as  shall 
then  and  there  appear,  with  other  due  damages. 

Hereof  fail  not,  and  make  due  return  of  this  writ 
and  of  your  doings  therein,  to  myself,  at  or  before 
the  said  time  and  day  of  trial. 

Dated  at  P  aforesaid,  the  —  day  of  —  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
— .  H  S. 


Summons . 

C — ,  ss.  To  C  D, - ,  greeting  : 

In  the  name  of  the  State  of  Maine,  you  are 
commanded  to  appear  before  me,  H  S,  Esq.  one  of 
the  Justices  of  the  Peace  for  the  county  aforesaid, 
at  my  dwelling-house,  to  wit,  at  my  office  in  P,  in 
said  county,  on  [Saturday,]  the  —  day  of  — ,  18 — , 
at  —  of  the  clock  in  the  — noon  ;  to  answer  unto 
A  B,  of  — ,  in  the  County  of  —  [addition]  in  a  plea 
of  Tthe  case]  as  is  more  fully  set  forth  in  the  writ : 
Which  plea  the  said  plaintiff  hath  commenced  to  be 
heard  and  tried  before  me ;  and  your  goods  or  es¬ 
tate  are  attached  to  the  value  of  twenty  dollars,  for 
security  to  satisfy  the  judgment  which  the  plaintiff 
may  recover  upon  the  aforesaid  trial. 

Fail  not  of  appearance  at  your  peril.  Dated  at 


70 


ASSUMPSIT. 


P  aforesaid,  the —  day  of  — ,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  — .  H  S. 

Note. — All  Writs  must  be  endorsed  by  the  plaintiff  or  his  attorney, 
or  by  some  responsible  person  residing  within  the  State. 

Writs  issuing  from  a  Jus.  Peace,  must  be  served  at  least  seven  days 
before  the  return  day  of  the  same,  by  a  Sheriff,  Dep.  Sheriff  or  Consta¬ 
ble  of  the  town  in  which  the  defendant  lives,  (or  is  at  the  time  of  ser¬ 
vice,)  and  has  property. 


ASSUMPSIT. 


Assumpsit  is  a  most  extensively  remedial  action, 
and  applies  to  all  cases,  where  any  simple  and  un¬ 
sealed  contract,  either  express  by  the  parties,  or  im¬ 
plied  by  law,  is  unperformed  and  broken. 

This  action  is  usually  divided  into  two  kinds, 
which  are  not  always  distinctly  defined  ;  and  in 
many  cases  flow  into  each  other.  First,  General 
Assumpsit,  comprehending  Indebitatus  Assumpsit, 
Quantum  Meruit ,  and  Quantum  Valebout . 


BEGINNINGS  OF  DECLARATIONS. 

No.  1.  Form  of  suing  by  “  next  friend .” 

Attach,  he.  - — ■,  to  answer  unto  B,  an  infant,  un- 
oer  the  age  of  twenty-one  years,  who  sues  this 
action  by  C,  his  [father  and]  next  friend,  in  a  plea 
of,  &c. 

No.  2.  By  Guardian . 

— ,  an  infant  under,  he.  who  sues  this  action  by 
C,  his  guardian,  duly  appointed,  in  a  plea,  &ic. 

No.  3.  By  Executor. 

To  answer  unto  B,  of  — ,  executor  of  the  last 
will  and  testament  of  — ,  deceased,  in  a  plea,  he. 

No.  4.  By  Administrator. 

To  answer  to  B,  administrator  of  the  goods  and 
estate,  which  were  of  C,  late  of  — ,  intestate  at  the 
time  of  his  decease,  in  a  plea,  he . 


ASSUMPSIT. 


71 


DECLARATIONS. 

General  Assumpsit.  Indebitatus  Assumpsit. 

No.  1.  On  Account  Annexed. 

Io  a  plea,  of  the  case,  for  that  the  said  A,  at  — , 
on  being  indebted  to  the  plaintiff  in  the  sum  of  — , 
according  to  the  account  annexed,  [ and  to  balance 
of  the  same  account ]  in  consideration  thereof,  then 
and  there  promised  the  plaintiff  to  pay  him  the  same 
sum  on  demand. 

No.  2.  For  money  had  and  received. 

—  being  indebted  to  the  plf.  in  the  sum  of — ,  for 
so  much  money,  before  that  time  had  and  received 
by  the  said  A,  to  the  plf’s  use,  in  consideration,  he. 
(as  above.) 

No.  3.  Money  lent  and  accommodated. 

—  being  indebted  to  the  plf.  in  the  sum  of  — ,  for 
so  much  money  before  that  time  lent  and  accommo¬ 
dated,  by  the  plf.  to  the  said  A,  at  his  request*  in 
consideration,  he. 

No.  4.  Money  laid  out  and,  expended. 

(Also, for  that  the  said  A ,  fyc.)  being  indebted  to 
the  plf.  in  the  sum  of  — ,  for  so  much  money,  before 
that  time,  laid  out  and  expended,  by  the  plf.  for  the 
use  of  the  said  A,  at  his  request,  in  consideration, 
he. 

No.  5.  For  Meat ,  Drink ,  Sfc. 

—  being  indebted  to  the  plf.  in  the  sum  of  — 
for  meat,  drink,  washing,  lodging  and  other  neces¬ 
saries,  by  the  plf.  for  the  said  A,  at  his  special  re¬ 
quest,  before  that  time  found  and  provided  [ accord¬ 
ing  to  the  account  annexed]  in  consideration,  he. 

No.  G.  For  Labor  done  and  Materials  found. 

—  being  indebted  to  the  plf.  in  the  sum  of  — , 
for  certain  labor  done  and  performed  by  the  plf.  be¬ 
fore  that  time,  for  the  said  A,at  his  special  request, and 


72 


ASSUMPSIT. 


for  divers  materials,  found  and  provided,  by  the  plf. 
in  and  about  such  work,  at  the  like  request  of  the 
said  A,  [ according  to  the  annexed  account ]  in  con¬ 
sideration,  &c. 

No.  7.  J\ gainst  Infant,  for  Necessaries. 

—  being  indebted  to  the  plf  in  the  sum  of  — , 
for  necessaries,  with  which  the  plf.  supplied  him, 
during  his  infancy,  in  consideration,  Stc. 

Quantum,  Meruit. 

No.  1.  For  Labor  done. 

In  a  plea  of  the  case,  for  that  the  said  A,  at  — , 
on  — ,  in  consideration  that  the  plaintiff,  at  the 
special  request  of  the  said  A,  before  that  time,  had 
done  and  performed  certain  work  and  labor  [ ac¬ 
cording  to  the  account  annexed]  for  the  benefit  of 
the  said  A,  promised  the  plaintiff  to  pay  him,  on 
demand,  so  much  money  as  he  reasonably  deserved 
to  have  therefor :  and  the  plaintiff  avers  that  he 
reasonably  deserved  to  have  therefor,  the  sum  of  — , 
of  which  the  said  A,  then  and  there,  had  notice. 

No.  2.  For  Rent. 

—  For  that  the  said  A,  on  — ,  at  — ,  in  consider¬ 
ation  that  the  plaintiff,  at  the  special  request  of  said 
A,  had  permitted  him  quietly  to  hold  and  occupy  a 
certain  house,  &c.  from  —  to  — ,  w  hich  said  A  held 
and  occupied  accordingly,  promised  the  plaintiff  to 
pay  him  on  demand,  so  much  money  as  he  reasona¬ 
bly  deserved  to  have  therefor:  and  the  plaintiff 
avers,  &c. 


No.  2.  By  a  Physician. 

—  For  that  the  plaintiff,  at  — ,  on  — ,  travelled 
—  miles,  as  a  physician,  and  visited  and  attended  the 
said  A,  accordingly,  on  the  same  day,  at  — ,  and 
had  examined  into  his  illness,  of  a  — ,  so  called, 
and  had  given  him  advice,  relative  to  his  said  dis- 


ASSUMPSIT. 


75 


order,  prescribed  to  said  A  a  proper  regimen,  in 
meats,  drinks  and  exercise,  and  had  given  him  a 
written  direction  for  the  procurement,  and  adminis¬ 
tration  of  proper  medicine,  for  his  recovery  and 
restoration  to  health,  and  all  in  the  plPs  business 
as  a  physician,  at  his  the  said  A’s  special  instance 
and  request,  in  consideration  thereof,  he. 

No.  4.  For  Pasturing  Cattle. 

In  a  plea  of  the  case,  for  that  the  said  A,  on  — , 
at  — ,  in  consideration  that  the  Plf.  at  the  special 
request  of  the  said  A,  had  before  that  time,  for  the 
space  of — ,  grazed  for  him  three  cows,  in  a  certain 
close  belonging  to  the  Plf.  called  — promised  the 
Plf.  to  pay  him.  on  demand,  so  much  money  as  he 
reasonably  deserved  to  have  therefor,  which  the  Plf. 
avers  to  be  the  sum  of  — ,  he. 

No.  5.  For  Labor  done  by  Plaintiff  and  his  Servants. 

For  that  the  said  D.  [Dft.]  on  — ,  at  — ,  in  consid¬ 
eration  that  the  plf.  at  the  special  request  of  the  said 
D.,  had,  before  that  time,  by  himself  and.  his  servants 
[and  with  his  horses,  carts  and  carriages]*  done, 
performed  and  bestowed  [other]  his  work,  labor, 
care  and  diligence  in  and  about  [other]  the  business 
of  the  said  D.,  then  and  there  promised,  he. 

Note.  The  words,  other ,  like ,  &c.  included  in  brackets  in  No.  5,  and 
the  following,  are  ig  be  omitted,  except  where  they  are  used  as  second 
counts. 

No.  6.  For  the  Hire  of  Horses ,  fyc. 

For  that  the  said  I).  [Dft.]  on  — ~,  at  — ,  in  con¬ 
sideration  that  the  Plf.,  at  his  [like]  special  request, 
had,  before  that  time,  let  to  hire,  to  the  said  D., 
divers  [other]  horses  of  the  said  Plf,  and  that  tjie 
said  D.,  according  to  said  letting  to  hire,  had  and 
used  the  same,  promised,  &c. 

4 


7 


74 


ASSUMPSIT. 


No.  7.  For  drawing  Plans ,  fyc. 

For  that  the  said  D.  [Oft.]  at  — ,  on  — ,  in  con¬ 
sideration  that  the  Plf.,  before  that  time,  at  the 
special  request  of  the  said  D.,  had  done,  performed 
and  bestowed  certain  labor,  work,  care  and  dili¬ 
gence,  in  and  about  the  drawing  of  divers  plans 
and  elevations  of  dwelling  houses  of  the  said  D., 
and  in  and  about  surveying  and  superintending  the 
erection  of  a  certain  dwelling  house  of  the  said  D, 
and  during  its  erection,  and  on  the  retainer  of  the 
said  D,  had  employed  his, the  said  Plf’s.  care  and  at¬ 
tendance  about  the  same,  for  the  said  D,  and  at  his 
like  request,  promised,  &c. 

Quantum  Falebant. 

In  a  plea  of  the  case,  for  that  the  said  A?  at  — , 
on  the  —  day  of  — ,  in  consideration  of  sundry 
goods  and  merchandises  (as  in  the  account  annexed) 
at  the  special  instance  and  request  of  the  said  A, 
there,  before  that  time,  sold  and  delivered  to  him,  then 
and  there  promised  the  said  C,  to  pay  him  therefor, 
on  demand,  so  much  money  as  the  same  were  reas¬ 
onably  worth  ;  and  the  said  C  avers  that  the  same 
goods,  &c.  were,  at  the  time  and  place  of  delivery, 
reasonably  worth  the  sum  of  — ,  of  which  the  said 
A  then  and  there  had  notice. 

Assumpsit ,  Quantum  Meruit  and  Quantum  Fale - 

bant  joined. 

In  a  plea  of  the  case,  for  that  the  said  A,  at  said 
— ,  on  the  day  of  the  purchase  of  this  writ,  being 
indebted  to  the  plf.  in  the  sum  of  —  dollars  and  — 
cents,  according  to  the  account  annexed  ;  then  and 
there  in  consideration  thereof,  promised  the  plf.  to 
pay  him  the  same  sum  on  demand.  And  also,  for  that 
the  said  A,  at  said  — ,  on  the  day  of  the  purchase 
of  this  writ,  being  indebted  to  the  plf.  in  one  other 
different  sum  of —  dollars  and  —  cents,  for  so  much 
money,  at  the  special  instance  and  request  of  the 
said  A,  before  that  time  to  him  lent  and  accommo- 


ASSUMPSIT. 


76 


ated,  and  had  and  received  to  the  use  of  the  plf. 
and  by  the  plf.  laid  out  and  expended  to  and  for  the 
use  of  the  said  A,  then  and  there  in  consideration 
thereof,  promised  the  plf.  to  pay  him  the  same  sum 
on  demand.  And  also,  for  that  the  said  A,  at  said 
— ,  on  the  day  of  the  purchase  of  this  writ,  in  con¬ 
sideration  that  the  plf.  at  the  special  instance  and 
request  of  the  said  A,  had  before  that  time  done 
and  performed  certain  work  and  labor,  according  to 
the  account  annexed,  for  the  said  A,  then  and  there 
promised  the  plf.  to  pay  him  therefor,  as  much  mon¬ 
ey  as  he  reasonably  deserved  to  have  on  demand  : 
And  the  plaintiff  avers  that  he  reasonably  deserved 
to  have  therefor,  the  further  sum  of  —  dollars  and 
—  cents  ;  of  all  which,  the  said  A  had  due  notice. 
And  also,  for  that  the  said  A,  at  said  — ,  on  the  day  of 
the  purchase  of  this  writ,  in  consideration  that  the 
plf.  at  the  special  instance  and  request  of  the  said  A 
had  sold  and  delivered  to  the  said  A,  certain  goods, 
wares  and  merchandizes,  according  to  the  account 
annexed,  then  and  there  promised  the  plaintiff  to 
pay  him  therefor,  as  much  money  as  the  same,  when 
so  sold  and  delivered  as  aforesaid,  were  reasonably 
worth,  on  demand ;  and  the  plaintiff  avers  that  the 
same  were  then  and  there  reasonably  worth  one 
other  different  sum  of  —  dollars  and  —  cents  :  of 
all  which  the  said  A  had  due  notice. 

Tnsimul  Computassent . 

TW  Counts. 

1.  Indeb.  Ass. 

2.  Ins.  Comp. — In  a  plea  of  the  case,  for  that 
the  said  A  and  B,  at  — ,  on  — ,  accounted  together, 
of  and  concerning  their  mutual  dealings,  and  of  and 
concerning  divers  sums  of  money,  due  before  that 
time,  from  the  said  A  to  the  said  B,  and  thereupon 
the  said  A  was  found  indebted,  and  in  arrears  to 
the  said  B,  in  the  sum  of  — ,  in  consideration 
whereof  the  said  A  then  and  there  promised,  &,c. 

Note.  Iii  insim.  Comp,  the  time  and  place  should  be  laid,  where  the 
account  was  settled,  or  it  will  be  error .  Ld.  Raym.  533. 


76 


ASSUMPSIT. 


SPECIAL  ASSUMPSIT. 

Promissory  Notes. 

No.  1.  Payee  vs.  Maker. 

In  a  plea  of  the  case,  for  that  the  said  A,  at  — , 
on  the  —  day  of  — ,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and — ,  by  his  note  of  hand, 
of  that  date,  by  him  signed,  for  value  received, 
promised  the  Plf.  to  pay  him  or  his  order,  the  sum 
of —  dollars  and  —  cents,  on  demand  (or  as  the 
case  may  he)  with  interest. 

No.  2.  Partners  vs.  Maher. 

—  to  answer  unto  C,  of  — ,  and  E,  of  — ,  part¬ 
ners,  jointly  negotiating  in  trade,  under  the  firm  of 
C  and  company7,  in  a  plea  of  the  case,  for  that  the 
said  A,  at  — ,  on  — ,  by  his  note,  under  his  hand,  of 
that  date,  for  value  received,  promised  the  said  C, 
by  the  name  of  their  firm  of  D  and  company,  to 
pay  them,  or  their  order,  the  sum  of  — ,  on  demand, 
with  interest. 

No.  3.  Payee  vs.  Partners ,  subscribing  partner 

unknown. 

Attach  the  goods  and  estate  of  A  and  E,  &c.  and 
partners  in  trade,  doing  business  under  the  firm  of 
B  and  company,  in  a  plea  of  the  case,  for  that  the 
said  A  and  E,  on  — ,  at  — ,  by  their  note,  signed 
with  their  style  of  partnership  of  that  date,  for  value 
received,  promised  the  said  C  &c. 

No.  4.  Where  Note  is  subscribed  by  one. 

—  for  that«on  — ,  and  afterwards,  the  said  A  and 
E  were  partners,  jointly  negotiating  in  trade,  under 
the  firm  ofB  and  company,  and  being  so  partners, 
the  said  A,  on  — ,  at  — ,  made  a  certain  note  under 
his  hand,  of  that  date,  and  thereby,  for  himself  and 
the  said  E,  (or  himself  and  company,)  for  value  re¬ 
ceived,  promised  the  said  C,  to  pay  him  or  his  or¬ 
der,  on  demand,  the  sum  of — ,  with  interest  until 
paid. 


ASSUMPSIT. 


77 


No.  5.  Indorsee  v.  Maker. 

In  a  plea  of  the  case,  for  that  the  said  A,  at  — , 
on  — ,  by  his  note  under  his  hand  of  that  date  for 
value  received  promised  one  C,  to  pay  him,  or  or¬ 
der,  the  sum  of — ,  on  demand,  with  interest  until 
paid ;  and  the  said  C,  afterwards,  on  — ,  at  — ,  by 
his  indorsement  of  the  same  note,  in  writing  under 
his  hand,  ordered  the  contents  thereof,  then  and  yet 
due  and  unpaid,  to  be  paid  to  the  plf.  or  his  order, 
according  to  the  tenor  of  said  note,  of  which  the 
said  A  then  and  there  had  notice,  and  thereby  be¬ 
came  liable,  and  in  consideration  thereof  then  and 
there  promised  the  plf.  to  pay  him  the  contents  of 
the  same  note,  according  to  the  tenor  thereof ;  yet  &c. 

No.  6.  Indorsee  v.  Indorsor. 

In  a  plea  of  the  case,  for  that  one  G,  at  — ,  on 
— ,  by  his  note  under  his  hand,  of  that  date,  for 
value  received,  promised  the  said  A,  (Dft.)  to  pay 
him  or  his  order,  the  sum  of  — ,  at  or  before  — , 
then  next  ensuing,  but  long  since  past,  with  interest 
therefor  until  paid  ;  and  the  said  A,  there  afterwards, 
oti  the  same  day,  by  his  indorsement  of  the  same 
note  in  writing,  ordered  the  contents  thereof,  then 
unpaid,  to  be  paid  to  the  plf.  according  to  the  tenor 
thereof,  and  the  plf.  there,  afterwards,  on  — ,  made 
diligent  search  after  the  said  G,  to  demand  payment 
of  him,  but  could  not  find  him,  [or,  if  the  case  be 
so,  “  at  — ,  on  — ,  presented  the  said  note,  the  same 
being  then  payable,  to  the  said  G  for  payment, 
which  the  said  G  then  and  there  refused  to  do”] 
whereof  the  said  A  then  and  there  had  notice,  and 
thereby  became  liable,  and  in  consideration,  &ic. 

No.  7.  On  a  Due  Bill . 

In  a  plea  of  the  case,  for  that  the  said  A,  at  — , 
on  the  —  day  of  — ,  by  his  note  or  memorandum 
in  writing,  under  his  hand,  of  that,  for  value  re¬ 
ceived,  (or  as  the  case  may  be)  acknowledged  him- 

7% 


78 


ASSUMPSIT. 


self  to  be  indebted  to  the  said  C,  in  the  sum  of — , 
on  demand  ( with  interest.) 


ORDERS. 

No.  I.  Payee v.  Acceptor ,  an  order  accepted . 

For  that  one  E,  at  — ,  on  the  —  day  of  — ,  drew 
his  order,  in  writing,  under  his  hand,  of  that  date, 
directed  to  the  said  A,  therein  and  thereby  request¬ 
ing  the  said  A  to  pay  the  said  C,  or  his  order,  the 
sum  of  — ,  on  demand,  (for  value  received  of  the 
said  C  by  the  said  E)  and  to  charge  the  same  to 
the  account  of  the  said  E ;  and  the  said  C  after¬ 
wards,  on  the  same  day,  presented  the  said  order  to 
the  said  A,  for  his  acceptance,  who  then  and  there 
accepted  the  same,  whereby  he  became  liable,  and 
in  consideration,  &c. 

No.  2.  Payee  vs.  Drawer ,  order  not  accepted . 

—  For  that  the  said  A,  at  — ,  on  the  —  day  of 
— ,  [for  value  received  of  the  said  C]  drew  his  or¬ 
der  in  writing,  under  his  hand  of  that  date,  directed 
to  one  E,  therein  and  thereby  requesting  the  said 
F  to  pay  the  said  C,  or  his  order,  the  sum  of  — ,  on 
demand,  and  charge  the  same  to  the  account  of  the 
said  A,  and  the  said  C,  on  — ,  at  — ,  presented  the 
said  order  to  the  said  E,  for  his  acceptance  and 
payment,  which  the  said  E,  then  and  there,  refused 
to  do,  of  which  the  said  A  had  due  notice,  whereby 
he  became  liable,  &c. 

No.  3.  Special  Order  on  Note  payable  at  the  — 

Bank. 

For  that  the  L  and  T,  at  — ,  on  — ,  by  the  name 
and  firm  of  L  and  T,  for  value  received  of  the  plf. 
drew  their  order  in  writing,  on  J  K,  cashier  of  the 
—  Bank,  and  thereby  directed  him  to  present  their 
note  made  to  the  plf.  for  the  sum  of  — ,  signed  by 
the  said  L  and  T,  to  the  directors  of  said  Bank,  and 
thereby  ordered  and  requested  them  to  pay  the  plf. 


ASSUMPSIT. 


79 


that  sura  ;  and  the  plf.  avers  that  said  order  was 
presented  by  said  cashier  to  said  directors,  who 
refused  to  pay  said  sum  or  accept  said  order, 
whereof  the  said  L  and  T  there  on  — ,  had  notice, 
whereby  the  said  L  and  T  became  to  pay  the  same 
sum  to  the  plf.  on  demand,  and  being  so  liable,  he. 

No.  4.  For  not  returning  a  Mare  and  tackle  hired. 

—  For  that  on  — ,  at  — ,  the  said  C  hired  and 
received  of  the  plf.  the  plf’s.  bay  mare,  saddle  and 
bridle,  of  the  value  of  —  dollars,  for  a  journey  from 
—  to  — ,  and  back  again  to  — ,  and  then  and  there 
promised  the  plf.  to  return  the  sa  ne  mare,  saddle  & 
bridle,  to  him,  at  his  the  said  C’s  return,  the  same 
day  in  good  order;  yet  the  said  C,  not  regarding 
his  promise  aforesaid,  did  not  return  the  said  mare, 
&lc.  according  to  his  said  promise,  nor  hath  he  to 
this  day  ctone  it,  though  requested  ;  but  denies  it,  he. 

No.  5.  For  not  delivering  Goods  bought . 

—  For  that  on  — ,  at  — ,  the  said  C  sold  to  the 
plf.  a  brush  for  —  dollars,  then  and  there  in  hand 
by  him  paid  to  the  said  C,  and  for —  dollars,  to  be 
paid  to  him  upon  the  delivery  thereof,  the  said  C, 
on  — ,  at  — ,  in  consideration  thereof,  and  that  the 
plf.  at  the  request  of  the  said  C,  promised  to  pay 
him  said  —  dollars,  on  the  delivery  of  said  brush, 
promised  the  plf.  to  deliver  him  said  brush,  on  — , 
or  before  — ;  yet  the  said  C,  though  requested, 
hath  not  delivered  said  brush  to  the  plf.  but  ne¬ 
glects,  &c. 


,  AGREEMENTS. 

No.  1.  For  money  'paid  by  Plaintiff  to  discharge 
Defendant's  debt ,  at  his  request. 

For  that  whereas  the  said  H  C,  on  — ,  at  — ,  had, 
at  the  special  instance  and  request  of  the  said  O  B, 
[Dft.j  and  for  his  proper  debt,  paid  to  one  E 
P,  the  sum  of  —  dols,  which  the  said  O  then  and 


80 


ASSUMPSIT. 


there  owed  the  said  E,  and  ought  before  that  time  to 
have  paid,  he  the  said  O,  in  consideration  thereof, 
then  and  there  promised  the  said  H  to  pay  him  that 
sum  on  demand ;  yet  the  said  O  thereaftervvards, 
though  requested  on  the  same  day,  hath  not,  he. 

No.  2.  On  an  Award  by  Parol  Submission. 

For  that  on  — ,  there  were  divers  controversies 
between  the  said  A  and  B  concerning  their  mutual 
accounts  and  debts,  and  then,  at  — ,  they  appointed 
one  D  to  hear  and  determine  for  them,  all  said  con¬ 
troversies,  and  mutually  promised  each  other  to 
stand  to  and  abide  by  the  award  of  the  said  D  there¬ 
upon  ;  and  the  said  D  afterwards,  on  — ,  there  heard 
the  said  A  and  B,  and  adjudged  upon  the  premises, 
and  awarded  that  the  said  A  should  pay  to  the  said 
B  a  balance  of  —  dols.  on  demand,  and  notified  the 
said  A  and  B  thereof;  yet  the  said  A,  though  re¬ 
quested,  hath  not  paid  the  said  sum,  but  unjustly,  &ic. 

No.  3.  On  Special  Contract  to  pay  one  half  in 
money ,  and  the  other  half  in  goods. 

For  that  the  said  A,  [Dft.j  at  - ,  on - , 

owing  the  plaintiff  —  dols.  for  —  day’s  work  done 
for  the  said  A,  at  his  request,  by  the  said  B,  at  his 
trade  aforesaid,  on  board  the  said  A’s  brig,  between 
that  day  and  the  —  day  of  — ,  promised  the  plain¬ 
tiff  to  pay  him  that  sum,  the  half  thereof  in  lawful 
money,  and  the  other  half  thereof  in  goods,  on  de¬ 
mand  ;  yet  the  said  A  hath  not  paid  the  said  sum, 
in  manner  aforesaid,  or  any  otherwise,  though  re¬ 
quested  to  do  it,  on  — ,  at  — ,  and  oftentimes  since, 
but  still  neglects  it  he. 

No.  4.  Town  Treasurer  v.  Constable ,  for  not  col¬ 
lecting  a  Tax . 

For  that  whereas  the  said  D,  on  — ,  at  — ,  then 
being  one  of  the  constables  of  the  tow  n  of  A  afore¬ 
said,  received  of  the  assessors  for  the  said  town  of 
A,  a  certain  rate  bill  upon  several  of  the  inhabitants 


ASSUMPSIT. 


81 


of  A  aforesaid,  of  them  to  levy  and  raise  the  sum  of 

—  dols.  part  of  the  town  rate  of  A  aforesaid,  with  a 
warrant  sufficiently  empowering  him  to  distrain  for 
the  same,  and  to  pay  the  same  to  the  treasurer  of 
said  town  of  A,  on  or  before  — ;  whereupon  the  said 
D  did  then  and  there  promise  to  collect  and  pay  the 
same  accordingly;  yet  he. 

No.  5.  On  Note  for  delivery  of  specific  Articles. 

In  a  plea  of  the  case ;  for  that  the  said  A,  at  — , 
on  — ,  by  his  note  of  hand  for  value  received,  prom¬ 
ised  the  plaintiff  to  pay  and  deliver  him,  or  his  or¬ 
der,  —  gallons  of  N,  E.  rum,  at  — ,  on  — ,  or  before 

—  then  next  ensuing,  and  now  past.  And  the  plain¬ 
tiff  avers,  that  the  said  rum,  at  said  time  and  place 
of  delivery,  was  worth  —  dols.  for  every  gallon,  and 
that  he  was  then  and  there  ready  to  receive  the 
same:  Yet  the  said  A,  though  then  and  there  re¬ 
quested,  never  delivered  he. 

No.  6.  For  not  delivering  money  to  a  third  person , 
according  to  promise. 

For  that  the  said  D,  [Dft.]  on  — ,  at  — ,  in 
consideration  that  the  plaintiff  had  then  and  there 
delivered  him  20  dols.  promised  the  plaintiff  to  de¬ 
liver  the  same  on  the  same  day  to  one  C  at  B  : 
Yet  the  said  D,  not  minding  his  said  promise,  did  not 
deliver  the  same  money,  on  the  same  day,  to  the  said 
C,  but  neglected  and  still  wholly  neglects  so  to  do ; 
whereby  the  plaintiff  has  been  impleaded  in  an  action 
for  the  same  by  the  said  C,  and  put  to  great  charges, 
viz.  the  sum  of  30  dols. ;  all  which  is  to  the  damage 
he . 


82 


ACTIONS  OF  THE  CASE. 


ACTIONS  OF  THE  CASE. 


1.  DECEIT. 

No.  1.  For  getting  Plaintiff  with  child  under  pre¬ 
tence  of  Marriage . 

For  that  whereas  the  plf.  was  a  person  of  good 
conversation  and  fame,  and  always  lived  in  good 
esteem  and  favor  with  her  neighbors  from  her  child¬ 
hood:  And  the  said  A,  [Dft.]  at — ,  on — ,  begun  to 
court  the  plf.  under  a  pretence  of  a  design  to  marry 
her,  making  many  solemn  protestations  of  his  afffc- 
tion  for  her,  and  design  to  marry  her,  from  that 
time  to  — ;  and  then,  at  — ,  having  gained  her 
affections,  and  insinuated  himself  into  her  good 
will,  under  colour  and  pretence  of  courtship,  did 
deceive  and  beguile  the  plf.  and  get  her  with  child, 
and  then  and  there  utterly  forsook  her,  and  went 
and  married  another  woman  ;  whereby  the  said  A 
hath  greatly  injured  the  reputation  of  the  plf.  he. 

No.  2.  For  selling  a  Cow  belonging  to  another. 

For  that  the  plf.  on  — ,  at  — ,  bargained  w  ith  the 
said  A,  [Dft.]  to  buy  of  the  said  A  a  certain  cow, 
who,  knowing  the  same  to  be  the  cow  of  one  D, 
then  and  there  sold  it  to  the  plf.  warranting  the 
same  cow  as  his  the  said  A’s  own  cow,  for  a  great 
sum  of  money  to  be  paid  therefor  by  the  plf.  to  the 
said  A.  And  afterwards,  on  — ,  at  — ,  the  said  D 
took  and  carried  away  the  said  cow,  as  his  own 
cow,  from  the  plf.  And  so  the  said  A  hath  deceived 
and  defrauded  the  plf.  he. 

No,  3.  Warranty  of  Oxen. 

For  that  whereas  the  plf.  on — ,  at  — ,  bargained 
with  the  said  A,  [Dft.]  to  buy  of  said  A  a  certain 
gelding  of  the  said  A,  well  knowing  the  same  geld¬ 
ing  to  be  infirm,  unsound,  and  infected  with  a 
certain  distemper,  called  the  glanders,  bv  then  and 


ACTIONS  OF  THE  CASE. 


83 


there  warranting  the  said  gelding  to  be  sound,  and 
free  from  any  distemper  whatever,  then  and  there 
deceitfully  sold  the  said  gelding  to  the  plf  for  the 
sum  of —  dols.  ;  which  said  gelding,  at  the  time  of 
the  sale  thereof,  was,  and  from  that  time  to  the  time 
of  the  death  of  said  gelding,  continued  infirm,  un¬ 
sound,  and  infected  with  said  distemper,  to  wit,  at 
— .  And  so  the  said  A  falsely  and  fraudulently 
deceived  the  plf.  he. 

No.  4.  For  selling  a  Horse  belonging  to  another. 

For  that  the  said  A,  [Dft.]  on  — ,  at  — ,  being 
possessed  of  a  red  roan  gelding,  affirmed  and  de¬ 
clared  to  the  plf.  that  the  said  gelding  was  the 
proper  gelding  of  him  the  said  A,  and  thereby  in¬ 
duced  the  plf.  to  buy  the  same  gelding  of  the  said 
A,  and  give  him  therefor  another  horse,  and  the 
sum  of — .  And  the  said  A  then  and  there,  being 
possessed  of  the  same  red  roan  gelding,  sold  him 
to  the  plf.  for  the  said  other  horse,  and  the  said  sum 
of  — .  And  the  said  A  in  fact  savs,  that  the  said 
roan  gelding  never  was  the  proper  gelding  of  the 
said  A;  but  at  the  time  and  place  of  affirmation 
and  sale  aforesaid,  was  the  proper  gelding  of  one 
D,  and  of  right  to  him  did  belong;  and  that  the 
said  D  afterwards,  on  — ,  at  — ,  took  and  led  away 
the  said  roan  gelding,  being  of  the  value  of  — , 
from  and  out  of  the  hands  and  possession  of  the 
plf.  as  the  proper  gelding  of  him  the  said  D ;  to 
the  damage,  he. 


Ik  MISFEASANCES  AND  NEGLIGENCES. 

No.  1.  For  turning  Plaintiff  from,  his  hired  House. 

For  that  the  said  D,  [Dft.]  on  — ,  at  — ,  when 
the  plf.  and  his  family  were  gone  out  of  a  certain 
tenement,  which  the  plf  held  by  lease  parol  from 
the  said  D,  for  one  quarter  of  a  year,  commencing 
the —  day  o^ —  then  last  past,  entered  into  the 
said  tenement  and  shut  the  plf.  and  his  family  out, 


84 


ACTIONS  OF  THE  CAbE. 


and  never  suffered  the  plf.  since  to  enter  thereinto, 
detaining  all  his  household  goods,  and  tools  of  his 
trade  of  the  value  of  — ;  to  the  damage,  &c. 

No,  2.  For  immoderately  riding  a  Horse. 

For  that  the  said  D,  [Dft.]  on  — ,  at — ,  had  hired 
of  the  plf.  a  certain  horse  of  the  plf.  to  ride  from  A 
to  B,  for  a  certain  sum  between  them  agreed  ;  and 
the  plf.  had  delivered  said  horse  to  said  D,  to  ride 
accordingly  :  Yet  the  said  D  so  carelessly  and  im¬ 
moderately  rode  said  horse,  that,  by  means  of  tiring 
and  bad  keeping,  the  said  horse  afterwards,  on  — , 
at  — ,  died;  to  the  damage,  &c. 


III.  TROVER. 

No.  1.  For  a  Chest  and  Clothes. 

In  a  plea  of  the  case  ;  for  that  the  plf.  on  — ,  at 
— ,  was  possessed  of  a  chest,  and  several  goods  and 
clothes  therein  contained,  in  the  schedule  hereto 
annexed  particularly  mentioned,  all  of  the  value  of 
—  dols.;  and  being  so  thereof possessed,  thereafter- 
wards,  on  the  same  day,  lost  the  same  chest  and 
goods,  which  thereafterwards,  on  the  same  day, 
came  into  the  hands  and  possession  of  the  said  A, 
[Dft.]  by  finding  :  Yet  the  said  A,  w ell  knowing  the 
same  to  be  the  proper  goods  and  chattels  of  the  plf. 
and  of  right  to  appertain  to  him,  though  requested, 
hath  not  delivered  the  same  to  the  plf.  but  thereaf- 
terwards,  on  the  same  day,  converted  the  same  to 
his  own  use;  to  the  damage,  &c. 


No.  2. 

For  that  the  plf.  on 
lihds.  of  sugar,  marked 


For  Sugar. 

— ,  at  — ,  was  possessed  of 

w  c 

- ,  of  the  value  of  —  dols. 

D 


as  of  his  own  sugar;  and  being  so  possessed  there¬ 
of,  the  plf.  thereafterwards,  on  the  same  day,  casually 
lost  the  same  sugar,  which  same  sugar  thereafter¬ 
wards,  on  the  same  day,  came  into  the  possession 
of  the  said  A  [Dft.]  by  delivery  ;  Yet.  &c. 


COVENANT.— DEBT. 


COVENANT. 

On  a  note  under  seal. 

For  that  the  said  A.  [Dft.]  on  - — ,  at  — ,  by  his 
deed  of  that  date,  in  Court  to  be  produced,  cove¬ 
nanted  with  the  Plf.  to  pay  him,  or  his  order,  the 
sum  of  — ,  on  demand,  with  interest  for  the  same 
until  paid  :  Yet  the  said  A,  though  often  requested, 
hath  not  paid  the  said  sum  of  — ,  nor  the  interest 
thereof,  but  wholly  neglects  and  refuses  so  to  do. 
And  so  the  said  A  his  said  covenant  hath  not  kept, 
but  hath  broken  the  same  :  to  the  damage  of,  Sic. 


BOND. 

In  a  plea  of  debt,  for  that  the  said  A,  [Dft.]  on 
— ,  at  — ,  by  his  writing  obligatory  of  that  date, 
sealed  with  his  seal,  and  here  in  Court  to  he'  pro¬ 
duced,  bound  and  acknowledged  himself  to  be  in¬ 
debted  to  the  «Plf.  in  the  spur  of  — ,  to  be  paid  to 
the  Plf.  on  demand  :  Yet,  though  requested,  the 
said  D  hath  never  paid  the  same  to  the  Plf.  :  to  the 
damage.  &ic- 


FOR  RENT. 

For  rent  by  deed. 

In  a  plea  of  debt,  for  that  the  Plf.  on  — ,  de¬ 
mised  his  d welling-house  and  garden,  situate  &c.  to 
the  said  A  [  Dft.]  to  hold  and  occupy  for  one  year 
from  that  lime  ;  in  consideration  whereof,  the  said 
A  by  his  deed,  dated  — ,  at  — ,  in  Court  to  be  pro¬ 
duced,  covenanted  to  pay  to  the  Plf  the  sum  of  — 
rent,  at  four  quarterly  payments  ;  whereby  the  said 
A,  on  — .  at  — ,  became  indebted  to  the  Plf.  in  the 
same  sum,  rent  as  aforesaid,  for  the  year  then  end- 
in  gt  :  Yet,  kc. 


36 


TRESPASS. 


TRESPASS. 


RELATING  TO  THE  PERSON. 

No.  1.  Assault  and  Battery, 

In  a  plea  of  trespass  ;  for  that  the  said  A,  on — 
at  — ,  with  force  and  arms,  in  and  upon  the  Plf. 
made  an  assault,  and  him  then  and  there  beat,  bruis¬ 
ed,  wounded,  and  evil  entreated  ;  and  other  enor¬ 
mities  to  the  Plf.  the  said  A  then  and  there  did, 
against,  our  peace,  and  to  the  damage  &c. 

No.  2.  Assault ,  fyc. —  Breach  of  Close ,  ivith  Spec¬ 
ial  Aggravation . 

For  that  the  said  A  and  B,  on  — ,  at  — ,  with 
force  and  arms,  entered  the  Plf.’s  chamber,  in  the 
western  end  of  C’s  house  in  — ,  assaulted  the  Plf. 
and  his  wife,  beat  and  bruised  them,  and  threaten¬ 
ing  to  throw  a  pail  of  cold  water  upon  the  Plf.  and 
a  shovel  of  hot  coals  upon  the  Plf.’s  .wife,  put  them 
into  great  fear,  assaulted  and  threatened  F  and  G, 
the  servants  of  the  Plf.  threw  a  quart  of  hot  water 
upon  them,  and  scalded  them  ;  and  having  greatly 
terrified  the  Plf.  and  his  family,  drove  them  all  out 
of  said  chamber;  whereby  the  Plf.  hath  lost  the  use 
of  said  chamber,  the  labor  of  his  servants,  the 
comfort  of  his  wife,  and  the  peace  of  his  ow  n  mind, 
ever  since  :  and  other  enormities,  &c. 

No.  3.  For  assaulting  and  heating  Plaintiff. 

For  that  the  said  A  and  E  [Dfts.]  on  — ,  at  — . 
with  force  and  arms,  on  the  body  of  the  Plf.  an  as^ 
sault  made,  and  him  then  and  there  beat,  wound¬ 
ed  and  evilly  entreated,  and  then  and  there,  with 
force  as  aforesaid,  violently  threw  the  Plf.  upon  the 
ground,  and  him  the  Plf.  on  the  ground  then  and 
there  lying,  the  said  A  and  E  did  cruelly  beat  and 
wound,  as  well  by  striking  him  with  their  fists,  as 
with  their  feet,  and  then  and  there  gave  the  Plf.  one 
violent  blowf  in  and  upon  his  left  side,  and  thereby 


TRESPASS. 


87 


broke  one  of  his  ribs,  and  endangered  bis  life  ;  and 
other  outrages,  injuries  and  enormities  on  the  PIT. 
they  the  said  A  and  E  then  and  there  committed, 
against  our  peace  he. 


RELATING  TO  REAL  PROPERTY. 

No.  1.  Quare  clausum  fro  git. 

In  a  plea  of  trespass,  for  that  the  said  A,  on  — , 
with  force  and  arms,  broke  and  entered  the  Plf.'s 
close  in  — ,  containing  he.  bounded  he.  and  then 
and  there,  with  force  as  aforesaid,  his  grass,  to  the 
value  of  — ,  then  and  there  growing,  beat  down  and 
consumed  ;  and  other  enormities  then  and  there  did, 
against  the  peace,  and  to  the  damage  he. 

No.  2.  Same — and  cutting  down  trees  contrary  to 

Statute . 

For  that  the  said  A,  on  — ,  with  force  and  arms, 
broke  and  entered  the  Plf.’s  close,  being 'die  fifteenth 
lot  in  the  division  of  lands  called  — ,  in  — .  And 
the  said  A,  having  no  right  or  privilege,  without 
leave  or  license  of  the  Plf.  did  then  cut  down  and 
carry  away  twenty-four  of  the  Plf.’s  pine  trees,  two 
of  which  were  under  the  dimensions  of  one  foot  di¬ 
ameter,  three  were  of  one  foot  diameter,  and  the  re¬ 
maining  nineteen  were  each  upwards  of  one  foot 
over,  and  of  the  value  of  — ,  contrary  to  our  peace, 
and  to  the  form  of  the  statute  in  that  case  provided  ; 
whereby  the  said  A  hath  forfeited  to  the  Plf.  —  for 
each  of  the  first  mentioned  trees,  and  —  for  each 
of  the  three  next  mentioned  trees,  and  —  for  each 
of  the  remaining  nineteen  trees  aforesaid,  and  treble 
the  aforesaid  value  of  the  said  nineteen  trees  amount¬ 
ing  in  the  whole  to  the  sum  of  —  :  Yet  though 
requested,  he. 


PAUPERISM— CASE. 


jvote.  1  lie  following  declaration  being  of  frequent  use  in  this  State, 
and  not  being  contained  in  any  of  the  books,  it  is  thought  proper, 'fin&llv 
to  insert  it,  although  omitted  in  its  proper  place. 

•Against  inhabitants  of  a  town  for  support  of  a 

pauper . 

Summon  (lie  inhabitants  of  the  town  of  A,  to  answer  unto 
the  inhabitants  of  the  town  of  H,  in  a  plea  of  the  case,  for  that, 
on  the  —  day  of — ,  A.  D.  one  thousand  eight  hundred  and 
— ,  one  B,  having  his  legal  settlement  in  said  town  of  A,  was 
louncl  in  said  II,  poor,  sick  and  destitute,  unable  to  support 
and  maintain  himself,  and  in  want  of  immediate  aid  and  re- 
*if-f  ar;d  the  said  inhabitants  ol  If,  by  their  overseers  of  the 
poor,  found,  procured  and  provided  for  the  said  B,  suitable 
meat,  cl t ink,  clothing,  lodging,  medicine  and  medical  aid  and 
attendance,  as  by  law  they  were  bound  and  authorized  to  do — 
and  toe  said  inhabitants  of  H,  thereafterwards,  within  three 
months  from  the  said  —  day  ol  — ,  A.  D.  in  the  year  of  our 
Lou.,  &t,c.  to  wit,  on  the  —  day  ol  — ,  in  the  same  year,  by 
their  overseers  ol  the  poor,  gave  due  and  legal  notice  in  writ¬ 
ing,  to  the  overseers  ol  the  poor  of  said  town  of  A,  that  the 
said  B  was  poor,  sick  and  destitute,  and  unable  to  support 
and  maintain  himself,  and  was  afterwards  maintained,  provi¬ 
ded  for  and  supported  by  the  said  inhabitants  of  H— therein 
and  thereby  requesting  the  said  overseers  of  the  poor  of  the 
town  ol  A,  to  remove  the  said  B,  and  to  indemnify  the  said 
inhabitants  of  fi,  for  their  expenses  in  providing  for  the  said 
B,  as  by  law  they  were  bound  to  do.  And  the  Plaintiffs  aver 
that  the  said  overseers  of  the  poor  of  said  town  of  A,  wholly 
neglected,  and  still  do  neglect,  to  remove  and  provide  for  the 
said  B  ;  [whereby  and]  in  consequence  of  which  neglect,  the 
said  inhabitants  of  H,  have  been  obliged  to  find  and  provide 
lor  the  said  B,  suitable  meat,  drink,  clothing,  lodging,  medi¬ 
cine  and  medical  aid  and  attendance,  from  the  said  —  day  of 
£~c.  to  the  day  ol  the  purchase  of  this  writ,  amounting  in  the 
whole  to  the  sum  ol  — ,  as  by  the  annexed  account  more  ful- 
Jy  appears  :  ol  all  which  the  said  inhabitants  of  A  have  had 
due  notice,  and  thereby  become  liable  to  remunerate  to  the 
Plaintiffs  their  said  expenses,  and  in  consideration  thereof 
then  and  tnere  promised  the  plaintiffs  to  pay  them  as  much 
money  as  the  said  meat,  drink,  clothing,  lodging,  medicine 
and  medical  aid  and  attendance  were  reasonably  worth,  and 
iis  [much  money ]  they  reasonably  deserved  to  have  for  the 
same  ;  and  the  Plaintiffs  aver  that  the  said  meat,  drink,  &cc. 
were  reasonably  worth,  and  that  they  reasonably  deserved  to 
have  tor  the  same  the  sums,  at  which  they  respectively  stand 
charged  in  said  annexed  account,  of  all  which  the  said  De¬ 
fendants  have  had  due  notice.  Yet,  &c.  Anderson. 


TRUSTEE  PROCESS. 


89 


OF  TRUSTEE  PROCESS. 

Bv  a  late  law  of  this  State,  it  is  provided,  That 
in  all  cases  where  an  action  is  authorised  to  be^ 
brought  before  the  Court  of  C.  P.  under  the  act  of 
this  State,  passed  February  2S,  1821,  entitled  an 
act  concerning  foreign  attachment,  which  actions  are 
described  in  the  first  section  of  said  act,  such  action 
may  be  brought  before  any  Justice  of  the  Peace, 
when  the  amount  demanded  in  damages  is  not  less 
than  five,  nor  more  than  twenty  dollars,  and  provid¬ 
ed  the  plaintiff  and  the  supposed  Trustee  both  reside 
in  the  same  county,  where  the  Justice  has  jurisdic¬ 
tion.  And  the  officer,  to  whom  such  writ  may  be 
directed,  shall  serve  the  same,  in  the  same  manner 
as  other  writs  of  attachment  issued  from  Justices  are 
served,  and  the  writ  shall  be  returnable  in  like  man¬ 
ner  to  said  Justice:  and  the  effect  of  such  service 
shall  be  the  same  as  described  in  said  first  section  ot 
the  act  aforesaid,  to  hold  the  goods,  effects  and 
credit,  in  the  hands  of  such  Trustee,  to  answer  what¬ 
ever  judgment  may  be  recovered  by  said  Plaintiff, 

Form  of  Writ. 

STATE  OF  MAINE. 

c - ,  ss.  To  the  Sheriff  of  our  county  of—, 

or  either  of  his  Deputies,  or  to  any  Constable  of  any 
town  in  said  county,  greeting. 

We  command  you  to  attach  the  goods  and  estate 
of  A,  to  the  value  of  [twenty  dollars]  and  summon 
the  said  A,  if  he  may  be  found  in  your  precinct,  to 
appear  before  me,  H  S,  Esq.  one  of  the  Justices  ot 
the  Peace  for  our  said  county  of — ,  at  my  dwelling 
house,  to  wit,  at  my  office,  in  P — ,  on  —  the  — day 
of — ,  18 — ,  at  —  o’clock  in  the  —  noon,  then  and 
there  to  answer  unto  B,  of —  (addition)  in  a  plea  of 
—  For  that  &c.  Yet  though  often  requested,  the 
said  A  has  never  paid  said  sum,  or  any  part  thereof, 
but  neglects  and  refuses  so  to  do.  To  the  damage 

8* 


90 


PLEADINGS. 


of  tlie  said  B,  (as  lie  says)  the  sum  of  [twenty  dol¬ 
lars]  as  shall  then  and  there  be  made  to  appear, 
with  other  due  damages.  And  whereas  the  said  B 
saith  that  the  said  A  has  not  in  his  own  hands  and 
possession  goods  and  estate  to  the  value  of  [twenty 
dollars]  aforesaid,  which  can  be  come  at  to  be  attach¬ 
ed,  but  has  entrusted  to,  and  deposited  in  the  hands 
and  possession  of  C,  of —  (addition)  Trustee  of  the 
said  A,  goods,  effects  and  credits  to  the  said  value; 
We  command  you  therefore,  that  you  summon  the 
said  C,  if  he  may  be  found  in  your  precinct,  to  ap¬ 
pear  before  me,  the  said  Justice,  at  the  time  and  place 
aforesaid,  to  shew  cause,  if  any  he  has,  why  execu¬ 
tion,  to  be  issued  upon  such  judgment  as  the  said  B 
may  recover  against  the  said  A,  in  this  action,  if 
any,  should  not  issue  against  his  goods,  effects  or 
credits,  in  the  hands  and  possession  of  him  the  said  C. 

Hereof  fail  not,  and  make  due  return  of  this  writ, 
with  your  doings  therein,  to  myself,  at  or  before  the 
said  time  of  trial.  Dated  at  P,  this  —  day  of  — , 
in  the  year  of  our  Lord,  one  thousand  eight  hun¬ 
dred  and -  H  S. 


OF  PLEADING. 

A  plea  is  that,  which  either  party  alleges  for 
himself  in  Court,  in  a  cause  there  pending  to  be 
tried. 

Abatement. 

No.  1.  To  the  jurisdiction  of  the  Court . 

Plea.  And  the  said  D,  in  his  proper  person, 
comes  and  defends  the  force  and  injury,  Sic.  and 
says,  that  this  Court  ought  not  to  have  further 
cognizance  of  the  plea  aforesaid,  because  he  says, 
the  cause  of  action,  if  any,  accrued  to  the  plf.  out  of 
the  jurisdiction  of  this  Court,  to  wit,  at,  &ic.  in  the 
county  of,  Sic.  and  not  at,  &zc.  in  the  said  declara¬ 
tion  named,  or  elswhere,  within  the  jurisdiction  of 
the  Court  here,  and  this  the  said  D  is  ready  to  ver- 


PLEADINGS. 


yi 

ity  :  Wherefore  he  prays  judgment,  if  this  Court 
can  or  will  have  further  cognizance  of  this  plea,  &c. 

Replication.  And  the  plf.  says,  that  the  Court 
here  ought  to  take  further  cognizance  of,  and 
sustain  his  action  aforesaid,  notwithstanding  any 
thing  by  the  said  D,  above  in  his  plea  alleged,  be¬ 
cause  he  says  that  the  cause  of  his  said  action 
arose  within  the  jurisdiction  of  this  Court,  to  wit, 
at,  &c.  in  the  county  of,  he.  as  he  has  above  in  his 
writ  alleged,  and  of  this  he  puts  himself  upon  the 
country. 

No.  2.  Infancy — To  the  Plaintiff. 

Plea.  And  the  said  D  comes  and  defends,  he. 
when,  he.  and  prays  judgment  of  the  writ  and  dec¬ 
laration  aforesaid,  that  the  same  may  be  quashed, 
because  he  says  that  the  plf.  is  an  infant,  under  the 
age  of  twenty-one  years,  viz.  of  the  age  of  nineteen 
years,  at,  &lc.  in  said  county,  and  this  he  is  ready 
to  verify  :  Wherefore,  inasmuch  as  the  plf.  hath 
sued  out  the  said  writ  and  declared  therein,  in  his 
own  person,  and  not  by  guardian  or  next  friend, 
the  said  D.  prays  judgment  of  the  writ  and  dec¬ 
laration  aforesaid,  that  the  same  may  be  quashed, 
and  for  his  costs. 

Replication.  And  the  plf.  says,  by  reason  of 
any  thing  by  the  said  D  in  his  plea  above  alleg¬ 
ed,  the  said  writ  and  declaration  ought  not  to  be 
quashed,  because  he  says,  that  at  the  time  of  suing 
out  the  said  writ  and  declaring  therein,  he,  the  plf. 
was  above  the  age  of  twenty-one  years,  to  wit, 
twenty-tw  o  years  of  age,  without  this,  that  he  was 
at  the  time,  an  infant  under  the  age  of  twenty-one 
years;  and  of  this  he  puts  himself  upon  the  country. 

No.  3.  JMisnomer  of  Person. 

Plea.  And  the  said  D  comes  and  defends,  &c. 
when,  he .  and  prays  judgment  of  the  writ  afore¬ 
said,  because  he  says,  that  the  plf.  is  named  and 
known,  and  called  by  the  name  of  A  B  ;  without 


s 


92  PLEADINGS. 

this,  that  the  plf.  is  named  and  called  by  the  name 
of  C  D,  as  by  the  writ  above  is  supposed,  and  this 
he  is  ready  to  verify  :  Wherefore  he  prays  judg¬ 
ment  of  the  writ  aforesaid,  that  the  same  may  be 
quashed,  he. 

No.  4.  Misnomer  of  Degree . 

Plea.  And  the  said  D  comes,  he.  when,  he. 
and  prays  judgment  of  the  writ  aforesaid,  because 
he  says  that  the  plf.  on  the  day  of  the  purchase  of 
said  writ,  was  not  a  gentleman,  as  by  the  said  writ 
above  is  supposed ;  and  this  he  is  ready  to  verify  : 
Wherefore,  inasmuch  as  the  plf.  by  the  said  writ  is 
called  gentleman,  the  said  D  prays  judgment  of  the 
said  writ,  and  that  the  same  may  be  quashed,  he. 

No.  5.  Misnomer  of  Place. 

Plea.  And  the  said  D  comes,  he.  when,  he. 
and  prays  judgment  of  the  said  w?rit,  because  he 
says  that  the  plf.  is,  and  long  before,  and  at  the 
time  of  the  purchase  of  said  writ,  was  an  inhabi¬ 
tant  of,  and  commoraut  in  A,  in  the  county  of,  he. 
without  that,  that  the  plf.  is,  or  before,  or  at  the 
time  of  the  purchase  of  said  writ,  was  an  inhabi¬ 
tant  of  said  B,  as  is  by  the  writ  aforesaid  above 
supposed  ;  and  this  he  is  ready  to  verify:  Where¬ 
fore,  inasmuch  as  the  plf.  is  not  named  of  his  proper 
place,  the  said  D  prays  judgment  of  said  writ,  he. 

No.  6.  Infancy — To  the  Defendant. 

And  the  said  D,  by  A  B,  his  guardian,  by  the 
court  here  duly  admitted  to  defend  for  the  said  D, 
who  is  under  age,  of  twenty-one  years,  comes,  &c. 
when,  &c.  and  saith  that  he  is  under  the  age  of 
fifteen  years  and  no  more ;  and  this  he  is  ready  to 
verify  :  Wherefore  he  doth  not  intend  that  during 
his  minority  he  ought  to  answer  t lie  pit.  of  sa  id  . 
debt  as  aforesaid,  and  prays  therefore  that  the  said 
plea  may  remain  till  the  full  age  of  him  the  said  D. 


PLEADINGS. 


93 


No.  7.  Partners. 

Plea.  And  the  said  D  comes,  &c.  when,  &c. 
and  prays  judgment  of  said  writ  of  the  plf.  because 
he  says,  that  at  the  time  of  the  making  of  said 
several  supposed  promises  in  said  declaration  men¬ 
tioned,  the  said  D  was  partner  in  trade  with  one  A 
B,  which  A  B  is  yet  living,  to  wit,  at,  &lc.  ;  and 
that  the  said  several  promises  in  said  declaration 
mentioned,  if  any  such  wTere  made,  were,  and  each 
of  them  was  made  by  the  said  A  B,  jointly  with 
the  said  D,  and  not  by  the  said  D  alone,  as  by  the 
said  writ  is  supposed  ;  and  this  the  said  D  is  ready 
to  verify :  Wherefore,  &zc. 

R  eplic ati on.  And  the  plf.  says,  that  his  writ 
aforesaid  ought  not  to  be  quashed,  because  he  says 
that  the  said  A  B  and  D  are  one  and  the  same  per¬ 
son,  and  not  other  or  different  persons  ;  and  that 
the  promises  in  said  declaration  mentioned,  were 
not  made  by  any  other  person  o*f  the  said  name  of 
A  B,  jointly  with  said  D,  but  by  the  said  D,  other¬ 
wise  A  B,  solely,  as  the  plf.  hath  above  thereof 
complained  against  him  ;  and  this  he  is  ready  to 
verify  ;  and  this  he  prays  may  be  inquired  of  by 
the  country. 

No.  8.  Wrong  Action — To  the  Count. 

Plea.  And  the  said  D  comes,  §*c.  when,  &c. 
and  says  that  the  plf’s.  writ  is  insufficient,  and 
ought  to  abate,  in  that  the  plf.  in  his  declaration 
aforesaid,  has  declared  his  action  an  action  of  debt, 
and  named  his  action  debt,  when,  by  his  own  shew¬ 
ing,  his  action  ought  to  be  trespass  on  the  case, 
and  not  debt,  and  this  he  is  ready  to  verify  : 
W  herefore  the  plf’s.  writ  aforesaid  ought  to  abate, 
and  the  plf.  prays  judgment  accordingly. 

No.  9.  JVo  cause  of  action  accrued. 

Plea.  And  the  said  D  comes  and  defends,  &c . 
when,  &c.  and  prays  oyer  of  the  writ  aforesaid,  of 
the  plf.  and  it  is  read  to  him  in  these  words :  C  — , 


94 


PLEAt)L\G$. 


ss.  he.  (recite  the  whole  writ)  which  being  read  and 
heard,  the  said  D  says  that  the  plaintiff,  before  the 
said,  he.  day  of,  he .  in  the  declaration  aforesaid 
abovementioned,  purchased  his  said  writ  against 
the  plaintiff,  for  the  debt  aforesaid ;  and  this  he  is 
ready  to  verify  :  Wherefore  he  prays  judgment  of 
said  writ,  that  it  may  be  quashed,  &c. 

No.  10.  Variance — To  the  writ . 

Plea.  And  the  said  D  comes,  &ic.  when,  &c. 
and  prays  oyer  of  the  original  writ  of  the  plf.  and 
it  is  read  to  him  in  these  words,  he. ;  and  he  prays 
oyer  of  the  writing  obligatory,  and  it  is  read  to 
him  in  these  words,  &c.  ;  and  he  prays  0}7er  of  the 
writing  obligatory  declared  on,  which  is  read  to 
him  in  these  words,  he. ;  which  being  read  and 
heard,  the  said  D  says  that  there  is  a  variance  be¬ 
tween  the  said  writing,  here  in  court  produced,  and 
the  original  writ  purchased  out  thereupon,  because 
he  says  that  he,  in  the  said  writing  obligatory,  is 
named  and  called  C  D,  of  N,  in  the  county,  &c.  and 
in  said  writ  is  named  A  D,  of  B,  in,  he. ;  h  this  he  is 
ready  to  verify  :  Wherefore  he  prays  judgment,  he. 

No.  11.  Account. 

Never  Bailiff — In  Bar. 

Plea.  And  the  said  D  comes  and  defends,  he. 
when,  &c.  and  saith  that  he  never  was  bailiff  of  the 
said  plf.  of  the  goods  and  chattels  aforesaid,  to  ren¬ 
der  an  account  thereof  to  the  said  plf.  in  manner 
and  form  as  the  said  plf.  hath  above  thereof  de¬ 
clared  against  him  ;  and  of  this  he  puts  himself 
upon  the  country. 

No.  12.  Non  Assumpsit  by  Executor. 

Pleas  1.  And  the  said  D  comes  and  defends, 
&c.  when,  he.  and  saith,  that  the  said  A  B,  the 
testator  did  not  make  either  of  the  promises  above 
supposed  by  the  said  Plaintiff,  in  his  writ  and  dec¬ 
laration  aforesaid,  in  manner  and  form  as  he  has 


PLEADINGS.  95 

therein  alleged  ;  and  thereof  he  puts  himself  upon 
the  country.  © 

Action  has  not  accrued  within  six  years. 

2.  And  for  another  plea  to  the  said  Plaintiff’s  first 
count,  in  his  declaration  aforesaid,  by  leave  of  the 
court  here,  the  said  D  comes  and  defends,  &c.  when, 
&c.  and  says,  that  the  Plaintiff,  his  action  aforesaid 
thereof  against  him  ought  not  to  have  or  maintain, 
because  he  says,  that  the  cause  of  action  in  the  said 
court  supposed,  did  not,  at  any  time  within  six  years 
next  before  the  commencement  of  the  said  action, 
accrue  to  the  Plaintiff  ;  and  this  he  is  ready  to  ver- 
ify  :  Wherefore  he  prays  judgment,  if  the  said 
Plaintiff,  his  action  aforesaid  thereof  against  him, 
ought  to  have  or  maintain,  &c. 

3.  And  for  another  plea  to  the  said  Plaintiff’s 
second  count,  in  his  declaration  aforesaid  pleaded, 
by  leave  of  the  court,  here  the  said  D  comes  and  de¬ 
fends,  &ic.  when,  &lc.  and  says  (action  non ,  as  before) 
because  he  says,  that  the  said  A  B,  the  testator, 
never  made  the  promises  above  supposed  by  the 
said  Plaintiff  in  his  said  second  count  in  his  decla¬ 
ration  aforesaid,  at  any  time  within  six  years  before 
the  commencement  of  the  Plaintiff’s  action  aforesaid, 
and  this  he  is  ready  to  verify.  Wherefore,  &c. 

No.  13. 

Plea.  And  the  said  D,  having  obtained  leave 
of  the  court  here  to  plead  another,  and  a  further 
plea  in  this  behalf,  comes  and  defends,  &c.  when, 
&c.  and  as  to  the  three  first  counts  in  the  declara¬ 
tion  aforesaid,  he  says,  the  Plaintiff,  his  action 
aforesaid  thereof  against  him  ought  not  to  have  or 
maintain,  because  he  says,  that  the  said  A  B,  at  any 
time  within  six  years  next  before  the  commence¬ 
ment  of  the  Plaintiff’s  action  aforesaid,  never  made 
either  of  the  promises  above  alleged  by  the  Plain¬ 
tiff,  in  the  said  three  counts  in  the  declaration  afore¬ 
said,  in  manner  and  form  as  the  Plaintiff  hath  above 


96 


PLEADINGS. 


thereof  declared  against  him  ;  and  this  he  is  ready 
to  verify:  Wherefore  lie  prays  judgment,  &:c. 

Replication.  And  the  said  Plaintiff  says,  that 
by  any  thing  above  alleged,  he  ought  not  to  be  pre¬ 
cluded  from  having  and  maintaining  his  action 
aforesaid,  because  he  says,  that  the  said  D  made 
and  signed  the  promissory  note  above  declared  on,  at 
the  time  and  place  above  by  him.  supposed  by  him 
in  his  declaration  aforesaid,  in  the  presence  of  our 
witness,  who  then  and  there  attested  the  same  ;  and 
this  he  is  ready  to  verify  :  Wherefore  he  prays 
judgment,  and  his  damages  and  costs  to  be  adjudged 
to  him. 

Replication.  And  the  said  Plaintiff  as  to  the 
plea  of  the  said  D,  above  pleaded  in  bar  says,  that 
by  reason  of  any  thing  in  the  same  plea  alleged,  lie 
ought  not  to  be  barred  from  having  and  main¬ 
taining  bis  action  aforesaid,  because  be  says,  that 
at  the  times  when  the  said  several  causes  of  action 
in  the  Plaintiff’s  declaration  mentioned  accrued,  the 
said  A  B,  now  deceased,  was  “  without  the  limits  of 
this  State ,  and  did  not  leave  'property  or  estate  there¬ 
in ,  that  could ,  by  the  common  and  ordinary  process 
of  law,  be  attached  *  and  the  said  A  B  continued 
and  remained  “  without  the  limits  of  this  State  f 
from  thence,  until,  and  at,  the  time  of  his  decease  ; 
and  that  the  Pi f.  as  administrator  as  aforesaid,  with¬ 
in  six  years  next  after  the  decease  of  the  said  A  13, 
to  wit,  on  &<:.  commenced  his  action  aforesaid, 
against  the  said  D  ;  and  this  he  is  ready  to  verify. 
Wherefore  he  prays  judgment,  and  his  damages  to 
be  adjudged  to  him,  &c. 

*Seo,Laws  of  Maine. 

Rejoinder.  And  the  said  I)  says,  that  by  any 
thing  in  the  Pif’s.  replication  aforesaid  above  al¬ 
leged,  lie  ought  not  to  have  or  maintain  his  action 
aforesaid  against  him,  the  said  D,  because  he  savs 
that  the  Plf.  did  not  commence  bis  action  aforesaid 
thereof  against  him  the  said  D,  within  six  years 


PLEADINGS. 


97 


isext  after  the  death  of  the  said  A  B,  as  the  Plf.  hath 
above  in  his  replication  alleged  ;  of  this  he  puts  him¬ 
self  upon  the  country. 

Rejoinder.  And  the  said  D  says  (actionon)  be¬ 
cause  he  says,  that  after  the  said  several  causes  of 
action  in  said  declaration  mentioned,  the  said  A  B 
returned  from  “  without  the  limits  of  this  State,”  in¬ 
to  this  State,  and  resided  therein,  at  he.  on,  he.  ; 
and  at  any  time  within  six  years  after  such  return 
of  the  said  A  B  into  this  State,  as  aforesaid,  the 
Plf.  did  not  commence  his  action  aforesaid,  for  the 
said  several  causes  in  said  declaration  mentioned* 
without  this,  that  the  said  A  B  continued  and  re¬ 
mained  without  the  limits  of  this  State,  from  the  time 
when  said  action  accrued,  thenceforth,  until ,  and  at 
the  time  of  his  death  ;  and  this  he  is  ready  to  veri¬ 
fy.  Wherefore  he  prays  judgment,  if  the  Plf.  his 
action  aforesaid  thereof  ought  to  have  or  maintain, 
he. 

Surrejoider.  And  the  Plf.  says,  that  by  any 
thing  in  the  rejoinder  of  the  said  D  above  pleaded, 
he  ought  not  to  be  barred  from  having  and  main¬ 
taining  his  action  aforesaid  against  the  said  D,  be¬ 
cause  he  says,  that  after  the  said  several  causes  of 
action  abovementioned  accrued,  the  said  A  B  did 
not  return  from  “  without  the  limits  of  this  State,” 
into  this  State,  in  manner  and  form  as  the  said  D 
hath  above  alleged  ;  and  this  he  prays  may  be  en¬ 
quired  of  by  the  country. 

No.  14.  In  Trover. 

Plea.  And  the  said  D  (by  his  attorney)  comes 
and  defends,  he.  when,  he.  and  '■ays,  that  the  said 
A,  his  action  aforesaid  against  ion  ought  not  to  have 
or  ni’.iU;  1,  bee  a  a  e  he  says,  that  (Here  insert  a 
href  ,i  ttemeni  of  the  facts  of  the  case. ,  which  go  to 
bar  the  action,  and  to  show  that  the.  D  fendant  was 
legally  entitled  to  the  goods,  fyc.)  $  and  being  so  en- 

9 


93 


PLEADINGS. 


titled  thereto,  the  said  D*  afterwards,  to  wit,  on  the 
said  —  day  of — ,  in  the  year  of  &;c.  abovesaid,  at  — 
aforesaid,  did  dispose  of  and  convert  the  said  (goods) 
to  the  proper  use  of  him,  the  said  D,  as  it  was  law¬ 
ful  for  him  to  do  :  without  that ,  that  he  is  guilty  of 
any  other  conversion  of  the  said  (goods)  to  his 
use,  in  manner  and  form  as  the  said  A,  by  his  dec¬ 
laration  aforesaid,  has  alleged,  and  this  he  is  ready 
to  verify  Wherefore  he  prays  judgment  if  the  said 
A,  his  action  aforesaid  ought  to  have  or  maintain 
against  him,  he. 

Assumpsit . 

No.  15.  Non  Assumpsit — In  Bar . 

Plea.  And  the  said  D  comes  and  defends,  he. 
when,  he.  and  says,  he  never  promised  in  manner 
and  form  as  the  Plf.  hath  thereof  declared  against 
him  ;  and  of  this  he  puts  himself  upon  the  country.* 

d: 

General  issue.  And  the  Plf.  likewise.  P. 

*When  the  general  issue  is  pleaded  before  a  J ustice,  it  must  end  thus, 
and  of  this  he  puts  himself  on  trial. 

No.  16.  In  Debt. 

Plea.  And  the  said  D  (by  E ,  his  attorney )  comes 
and  defends  the  force,  injury  and  damages,  and 
whatever  else  he  ought  to  defend,  when  and  where 
the  court  will  consider  thereof,  and  says  that  he  does 
not  owe  to  the  said  A,  the  sum  of  — ,  or  any  part 
thereof,  in  manner  and  form  as  the  said  A  has  above 
thereof  complained  against  him  ;  and  of  this  he  puts 
himself  upon  the  country. 

No.  17.  In  Replevin. 

Plea.  And  the  said  D  (by  his  attorney)  comes 
and  defends,  &c.  when,  &c.  and  says  that  he  did  not 
take  the  said  cattle  ( or  goods  and  chattels ,  as  the 
case  may  be )  in  manner  and  form  as  the  said  A  has 


PLEADINGS.  99 

above  thereof  complained  against  him  :  and  of  this 
he  puts  himself  upon  the  country. 

No.  18.  JVot  Guilty — On  Statute. 

Plea.  And  now  the  said  D  comes  and  defends, 
&c.  when,  &ic.  and  says  that  he  is  not  guilty  in  man¬ 
ner  and  form  as  the  said  Plf.  has  within  informed 
and  complained  against  him  ;  and  thereof  he  puts 
himself  upon  the  country. 

No.  19.  Trespass. 

Plea.  And  the  said  D  comes  and  defends  the 
force  and  injury,  when,  &c.  where,  &£c.  and  says  that 
he  is  not  guilty  of  the  trespass  ( or,  assault  and  bat - 
iery,)  aforesaid,  in  manner  and  form  as  the  said  A, 
above  thereof  complains  against  him  ;  and  of  this 
he  puts  himself  upon  the  country. 

DEMURRERS. 

No.  1.  To  the  Declaration — In  Bar. 

Demurrer.  And  the  said  D  comes  and  defends 
the  force  and  injury,  when,  &c.  and  says,  that  the 
Plf.  ought  not  to  have  or  maintain  his  action  afore¬ 
said  thereof  against  him,  because  he  says,  that  the 
declaration  aforesaid,  and  the  matter  therein  con¬ 
tained  are  insufficient  in  law  to  have  and  maintain 
the  action  aforesaid  of  the  Plf.  against  him  ;  to 
which  declaration,  he,  the  said  D,  has  no  necessity, 
nor  is  by  the  law  of  the  land  bound,  in  any  way  to 
answer  ;  and  this  he  is  ready  to  verify.  Wherefore, 
for  w  ant  of  a  sufficient  declaration  in  this  behalf,  he, 
the  said  D,  prays  judgment,  and  that  the  Plf.  may 
be  barred  from  having  his  action  aforesaid  thereof 
against  him,  &c. 

Joinder.  And  the  Plf.  says,  that  he,  by  any 
thing  by  the  said  D,  above  in  pleading  alleged, 
ought  not  to  be  precluded  from  having  his  action 
aforesaid  thereof  against  him,  because  he  says,  that 
the  declaration  aforesaid  thereof  against  him,  be- 


100 


PLEADINGS. 


cause  he  says,  that  the  declaration  aforesaid,  and 
the  matter  in  the  same  contained,  are  good  and  suf¬ 
ficient  in  law  to  have  the  action  aforesaid  of  the 
Plf.  thereof  maintained  against  the  said  D;  and  be¬ 
cause  the  said  D  does  not  answer  the  said  declara¬ 
tion,  nor  has  hitherto,  in  anywise,  denied  the  same, 
the  Plf.  prays  judgment  and  his  debt  aforesaid,  with 
his  damages,  on  occasion  of  the  detention  of  the 
same  debt,  to  be  adjudged  to  him,  &zc. 

No.  2.  To  a  Plea . 

Demurrer.  And  the  aforesaid  Plf.  says,  that  the 
plea  of  the  said  D,  is  insufficient  in  law  to  preclude 
him,  the  said  Plf.  from  having  his  action  aforesaid 
against  the  said  D  ;  and  that  he  has  no  necessity, 
nor  is  by  the  law  of  the  land  bound  to  answer  that 
plea  in  manner  and  form  aforesaid  pleaded  ;  and 
this  he  is  ready  to  verify.  Wherefore  for  wrant  of  a 
sufficient  answer  in  this  behalf,  the  same  Plf.  prays 
judgment  and  his  damages,  by  reason  of  the  said 
detaining,  the  said  debt,  to  be  adjudged  to  him,&£C. 

Joinder.  And  the  said  D,  for  that  he  has  above 
alleged  sufficient  matter  in  law  to  preclude  the  said 
Plf.  from  having  his  action  aforesaid  against  him, 
which  he  is  ready  to  verify,  which  said  matter  the 
said  Plf.  does  not  deny,  nor  thereunto  in  anywise 

answer,  but  the  said  averment  wholly  refuses  to  ad- 

•  %■ 

mit,  prays  judgment,  and  that  the  said  Plf.  may7  be 
precluded  from  having  his  action  aforesaid  against 
him,  &c. 


Form  of  the  Levy  of  an  Execution  on  Real  Estate. 

C - ,  ss.  Then  personally  appeared,  A  B,  C 

D,  and  E  F,  and  made  oath,  that  they  would  faith¬ 
fully  and  impartially  appraise  such  real  estate  of 
the  within  named  — ,  as  should  be  shewn  to  them, 
to  satisfy  the  within  execution,  with  all  fees. 

Before  me ,  J  P,  Just:  Peace : 


PLEADINGS. 


101 


Appraisers'  Return. 


C 


ss. 


We,  the  above  named  A  B,  C  D,  and  E  F,  having 
been  sworn  as  above,  have  appraised,  and  do  hereby 
appraise  — ,  he.  bounded,  he.  with  all  the  privileges 
and  appurtenances  thereunto  belonging,  at  the  sum 
of —  :  The  same  having  been  shewn  to  us  by  — , 
the  creditor,  ( or ,  by — ,  attorney  to — ,)  the  creditor, 
as  the  estate  of  the  within  named  — ,  to  satisfy  (in 
full  or  in  part ,)  the  within  execution.  A  B. 

C  D. 

E  F. 

Officer's  Return . 

C  — ,  ss.  Having,  at  the  request  of  the  within 
above  named  — ,  caused  the  above  named  A  B,  C 
D,  and  E  F,  three  disinterested  and  discreet  men, 
being  freeholders  in  said  county,  viz.  the  said  A  B, 
chosen  by  — ,  (or  by  — ,  attorney  to  — ,)  the  credi¬ 
tor  ;  C  D,  chosen  by  — ,  (or  by — ,  attorney  to  — ,) 
the  debtor ;  and  E  F,  chosen  by  myself,  [or,  if  the 
debtor  neglects  or  refuses  to  choose ,  say ,  and  E  F,  by 
me  for  the  said  — ,  who  neglects  and  refuses  to 
choose]  faithfully  and  impartially  to  appraise  \the*~ 
estate  above  mentioned, ]  and  they,  the  said  A  B,  C 
D,  and  E  F,  having  upon  oath  appraised  the  same, 
at  the  sum  of — ,  as  above  appears  :  I  have,  this  day, 
agreeably  to  law,  delivered  possession  and  seizin  of 
the  said  (estate~\  to  him,  the  said  — ,  ( or,  to  him  the 
said  — ,  attorney  to — ,)  the  creditor.  To  have  and 
to  hold  the  same  to  him,  the  said  — ,  his  heirs  and 
assigns  forever,  in  full  (or  in  part)  satisfaction  and 
discharge  of  the  within  execution  and  charges  of 
levying  the  same,  which  charges  amount  to  the  sum 
of — ,  and  have  left  the  said  —  in  quiet  possession 
thereof.  I  do  therefore  return  this  execution  fully 
satisfied,  [or  satisfied  in  part,  viz.  for  the  sum  of 
— ,  the  said  ■ — ,  ( or  — ,  attorney  to  the  said  — ,)  the 
creditor  not  having  been  able  to  shew  any  further 
estate  belonging  to  the  said — ,  wherewith  to  satisfy 
the  residue.]  J  S,  Dep.  Sheriff, 


9* 


102 


POOR  DEBTORS. 


Creditor’s  Receipt. 

C  — ,  ss.  I  have  received  of  the  above  named 
J  S,  Dep.  Sheriff,  full  satisfaction  and  seizin  of  the 
above  mentioned  — ,  in  full  satisfaction  of  the  with¬ 
in  execution  and  charges  of  levying  the  same ;  or, 
I  have  received  of  the  above  named  J  W,  Dep. 
Sheriff,  full  possession  and  seizin  of  the  above 
mentioned  — ,  in  part  satisfaction  of  the  within  ex¬ 
ecution,  viz,  for  the  sum  of  — ,  the  same  having  been 
appraised  as  above  mentioned,  at  —  dollars,  and 
the  charges  of  the  levying,  being  — .  H  W. 


OF  POOR  DEBTORS. 

By  a  law  of  this  State,  passed  Feb.  9,  1824,  it  is 
provided,  that  when  any  person  standing  committed 
by  force  of  an  execution,  shall  complain,  that  he  or 
she  hath  not  estate  sufficient  to  support  him  or  her 
in  prison,  the  gaoler  or  keeper  of  such  prison  shall, 
on  such  complaint,  apply  to  one  of  the  Justices  of 
the  Peace  within  and  for  the  county  in  which  such 
prison  is,  who  shall  thereupon  make  out  a  notifica¬ 
tion  in  writing,  under  his  hand  and  seal,  thereby 
signifying  to  the  creditor  or  creditors,  such  prison¬ 
er’s  desire  of  aking  the  privilege  and  benefit 
allowed  in  and  by  this  act,  and  of  the  time  and 
place  appointed  for  the  intended  caption  of  the 
oath  or  affirmation  allowed  by  this  act,  &c. 


Application  to  a  Justice ,  in  behalf  of  a  Debtor . 

To  J  P,  Esq.  one  of  the  Justices  of  the  Peace, 
within  and  for  the  county  of  — ,  I,  — ,  keeper  of 
the  prison  in  — ,  in  said  county,  represent  that  — , 
now  a  prisoner  in  said  prison,  in  which  he  stands 
committed  by  force  of  an  execution,  issued  on  a 
judgment  obtained  against  him  — ,  by  — ,  for  the 
sum  of — ,  damage,  and  costs  of  court,  taxed  at — , 
hath  complained  to  me  that  he  hath  not  estate  suf¬ 
ficient  to  support  himself  in  Prison.  1  do  there 


POOR  DEBTORS. 


103 


lore,  in  his  behalf,  and  at  his  request,  apply  to  you 
the  said  Justice  to  make  out  a  notification  to  the 
said  — 3  the  creditor  aforesaid,  agreeably  to  an  act 
of  the  State,  entitled  “  an  act  for  the  relief  of  Poor 
Debtors  (and  also  an  act  additional  to  “  an  act  for 
the  relief  of  Poor  Debtors”)*  thereby  signifying  to 
said  creditor,  his,  the  saj,d  — ’s  desire  of  taking  the 
privilege  and  benefit  allowed  in  and  by  said  act. 
Dated  at — aforesaid,  the  —  day  of — ,  A.D.  18 — . 

*  By  a  late  law  of  this  State,  extending  to  such  debts  as  shall  be 
contracted  on  or  after  the  first  day  of  July,  1824,  the  debtor  himself 
■  nay  complain  to  a  Justice  of  the  Peace,  as  therein  prescribed, in  which 
case  the  words  in  parenthesis  should  be  inserted,  and  the  form,  in  other 
respects,  varied  as  follows:  I,  A  B,  of  — ,  now  a  prisoner,  arrested  by 
force  of  an  execution  issued  on  a  judgment  obtained  against  me  by  — , 
for  the  sum  of — ,  damage,  and  costs  of  court,  taxed  at  — ,  do  complain, 
&c.  and  apply  to  you,  &c., 

C  — ,  ss.  To  (the  creditor.) 

Greeting. 

Whereas  the  foregoing  application  hath,  this  day, 
been  made  to  me  the  subscriber,  one  of  the  Justi¬ 
ces  of  the  Peace  within  and  for  the  said  county  of 
— .  You  are  therefore  hereby  notified  of  the  same; 
and  that — ,  the  —  day  of —  next,  at  eleven  o’clk. 
in  the  forenoon,  is  intended  for  the  caption  of  the 
oath  (or  affirmation)  allowed  by  the  act  therein 
referred  to,  at  (the  prison  aforesaid ;)  when  and 
where  you  will  be  present  if  you  see  fit.  Given 
under  my  hand  and  seal,  the  -  day  of — ,  A.D.  18  - 

C  — ,  ss.  (Date.) 

I  have  this  day  served  the  above  notification 
upon  the  above  named  — ,  by  (giving  him  in  hand 
an  attested  copy  of  the  within,  or  as  the  case  may  be.) 

- ,  Deputy  Sheriff. 

C  — ,  ss.  (  Date.) 

Having  examined  the  above  return,  and  duly 
cautioned  the  said  — ,  we  have  administered  to  him 
the  oath  or  affirmation,  allowed  in  the  act  above  re¬ 
ferred  to  ;  and  made  out  a  certificate  thereof  in  the 
form  therein  prescribed. 

>  Justices  of  the  Peace 
y  and  of  the  Quorum 


104 


POOR  DEBTORS. 


Prisoner's  Oath. 

I,  A  B,  do  solemnly  swear,  before  Almighty  God, 
that  I  have  not  any  estate,  real  or  personal,  in 
possession,  reversion  or  remainder,  sufficient  to  sup¬ 
port  myself  in  prison,  or  to  pay  prison  charges, 
except  the  goods  and  chattels  by  law  exempted 
from  attachment  and  execution  ;  and  that  I  have 
not,  since  the  commencement  of  this  suit  against 
me,  or  at  an y  other  time,  directly  or  indirectly, 
sold,  leased,  or  otherwise  conveyed  or  disposed  of, 
to,  or  entrusted  any  person  or  persons  whomsoever, 
with  all  or  any  part  of  the  estate,  real  or  personal, 
whereof  I  have  been  the  lawful  owner  or  possessor, 
with  any  intent  or  design  to  secure  the  same,  or  to 
receive,  or  to  expect  any  profit  or  advantage  there¬ 
for  ;  or  have  caused  or  suffered  to  be  done,  any 
thing  else  whatsoever,  whereby  any  of  my  creditors 
may  be  defrauded.  So  help  me  God.  A  B. 


C  — ,  ss.  To  J  P,  the  keeper  of  the  gaol  at  P, 
in  the  county  of  C, 

We  the  subscribers,  two  Justices  of  the  Peace  for 
the  said  county  of  C,  and  each  of  ns  of  the  Quo¬ 
rum,  hereby  certify,  that  A  B,  a  poor  prisoner, 
confined  upon  execution  for  debt,  in  the  gaol  atP 
aforesaid,  hath  caused  E  F,  the  creditor,  at  whose 
suit  he  was  so  confined,  to  be  notified  according  to 
law,  of  his  the  said  A  B’s  desire  of  taking  the  ben¬ 
efit  of  the  act,  entitled  44  an  Act  for  the  relief  of 
poor  debtors ( and  also  of  an  act ,  entitled  44  an 
Act  additional  to  an  act  for  the  relief  of  poor  debt- 
orr :”)  that  in  our  opinion  the  said  AB  hath  not  any 
estate,  real  or  personal,  sufficient  to  support  himself 
in  prison,  except  the  goods  and  chattels  by  law  ex¬ 
empted  from  attachment  and  execution ;  and  that 
he  hath  not  conveved  or  concealed  his  estate,  with 
design  to  secure  the  same  to  his  own  use,  or  to  de¬ 
fraud  his  creditors  ;  and  that  we  have,  after  due 
caution  to  the  said  A  B,  admininistered  to  him  the 


INDENTURES.  ]  05 

oath  prescribed  in  “  an  Act  for  the  relief  of  poor 
debtors.”  Witness  our  hands  and  seals,  this —  day 
of — ,  A.  D.  one  thousand  eight  hundred  and  — 


INDENTURES. 

Every  writing  of  more  than  one  part,  as  agrees 
ments,  of  which  each  part  retains  otie,  is  strictly 
speaking,  an  Indenture ;  but  the  word  is  now  used 
in  a  more  confined  sense,  to  designate  the  instru¬ 
ment,  by  which  a  minor  is  bound  to  serve  as  an 
apprentice.  Each  part  must  be  an  exact  copy  of 
the  other,  and  there  must  be  one  for  each  of  the 
parties. 

By  a  law  of  the  State  of  Maine,  it  is  provided, 
that  minors  under  the  age  of  fourteen  years,  may 
be  bound  by  deed,  until  that  age,  as  servants  or 
apprentices,  by  their  father;  and  in  case  of  his  de¬ 
cease,  by  their  mother  or  by  their  guardian  legally 
appointed  ;  or  having  no  parent  or  guardian,  may 
bind  themselves,  with  the  approbation  of  the  Se¬ 
lectmen  or  major  part  of  them,  of  the  town  where 
such  minors  reside.  And  all  minors  of  the  age  of 
fourteen  years  or  upwards,  may  be  bound  by  deed 
as  apprentices  or  servants ;  females  to  the  age  of 
eighteen  years,  or  to  the  time  of  their  marriage 
within  that  age;  and  males  to  the  age  of  twenty- 
one  years,  by  their  father;  and  in  case  of  his  de¬ 
cease,  by  the  mother,  or  guardian  legally  appoint¬ 
ed,  having  the  minor’s  consent  expressed  in  the 
deed.  And  any  such  miners,  having  no  father, 
mother  or  guardian  within  the  State,  may,  by  deed, 
bind  themselves,  with  the  approbation  of  the  Se¬ 
lectmen,  or  the  major  part  of  them,  of  the  town 
where  they  reside  :  Provided ,  That  in  every  case 
there  shall  be  two  deeds  of  the  same  form  and 
tenor,  executed  by  both  parties,  one  to  be  kept  by 
ea<  h  ;  and  where  made  by  the  approbation  of  the 
selectmen,  they,  after  having  examined  the  terms 


106 


INDENTURES. 


of  the  deeds,  shall  express  their  approbation  there- 
on,  and  sign  the  same  :  Provided  also ,  That  all 
considerations  which  shall  be  allowed  by  the  mas¬ 
ter  or  mistress  in  any  contract  of  service  or  appren¬ 
ticeship,  shall  be  secured  to  the  sole  use  of  the  minor 
thereby  engaged.  And  all  contracts  which  shall 
be  made  by  any  parent  or  guardian,  or  by  any  mi¬ 
nor  for  him  or  herself,  pursuant  to  this  Act,  shall  be 
good  and  effectual  in  law  against  all  parties,  and 
the  minor  thereby  engaged,  according  to  the  tenor 
thereof. 

And  it  is  further  provided,  that  no  covenant  of 
apprenticeship,  entered  into  by  any  minor,  his  par¬ 
ent  or  guardian,  for  the  purpose  of  such  minor’s 
learning  or  being  instructed  in  any  trade  or  myste¬ 
ry,  and  made  to  any  master  and  the  wife  of  such 
master ;  or  to  the  executors,  administrators  or  as¬ 
signs  of  such  master,  shall  be  binding  on  such  mi¬ 
nor,  parent  or  guardian,  after  the  decease  of  the 
master  ;  but  on  the  death  of  such  master,  the  said 
covenant  shall  be  deemed  void  from  that  time;  and 
in  any  such  case  any  minor  may  be  bound  out 
anew,  in  the  manner  herein  before  prescribed. 

Further,  That  the  Overseers  (of  the  Poor)  shall 
have  power  to  set  to  work,  or  bind  out  to  service 
by  deed,  as  aforesaid,  for  a  term  not  exceeding  one 
whole  year  at  a  time,  all  such  persons  residing  and 
lawfully  settled  in  their  respective  towns,  or  who 
have  no  such  settlement  within  this  State,  married 
or  unmarried,  upwards  of  twenty-one  years  of  age, 
as  are  able  of  body,  but  have  no  visible  means  of 
support,  who  live  idly,  and  exercise  no  ordinary  or 
daily  lawful  trade  or  business  to  get  their  living  by  ^ 
and  also  all  persons,  who  are  liable  by  any  law  to  be 
sent  to  the  house  of  correction,  upon  such  terms 
and  conditions  as  they  shall  think  proper. 

An  Indenture  to  hind  out  a  minor  upwards  of  four¬ 
teen  years  of  age. 

This  Indenture  Witnessethy  That  A  B,  of,  &c, 
doth  by  these  presents  bind  his  son,  C  B,  and  with 


INDENTURES. 


107 


the  free  will  and  consent  of  the  said  C  B,  he  is 
hereby  bound  an  Apprentice  to  R  P,  of  — ,  to 
learn  "the  art,  trade,  or  mystery  of  — ,  and  with 
him  the  said  R  P,  after  the  manner  of  an  appren¬ 
tice,  to  serve  from  the  day  ot  the  date  ot  these 
presents,  until  the  —  day  ot  • — ,  which  will  be  in 
the  year  of  our  Lord  one  thousand  eight  hundred 
and  — ?  when  the  said  apprentice  will  arrive  at  the 
age  of  twenty-one  years.  During  all  which  time, 
the  said  apprentice  his  said  master  well  and  faith¬ 
fully  shall  serve,  his  secrets  keep,  his  lawful  com¬ 
mands  duly  obey.  He  shall  do  no  damage  to  his 
said  master,  nor  sutler  it  to  be  done  by  others, 
without  giving  seasonable  notice  thereof  to  his  said 
master — He  shall  not  waste  the  goods  of  his  said 
master,  nor  lend  them  unlawfully  to  any — At  cards, 
dice,  or  any  other  unlawful  game,  he  shall  not  play 
— He  shall  not  absent  himself,  by  day  or  by  night, 
from  the  service  of  his  said  master  without  his  leave  ; 
nor  haunt  or  frequent  ale-houses,  taverns,  or  gam¬ 
ing  places. — He  shall  not  contract  matrimony 
within  the  said  term  ;  nor  shall  he  commit  any  acts 
of  vice  or  immorality  which  are  forbidden  by  the 
laws  of  the  State  ;  but  in  all  things,  and  at  all 
times,  he  shall  carry  and  behave  himself  towards 
his  said  master,  and  all  others,  as  a  good  and  faith¬ 
ful  apprentice  ought  to  do,  during  all  the  term 
aforesaid.  And  the  said  R  P  doth  hereby  covenant 
and  promise  to  teach  and  instruct,  or  cause  the  said 
apprentice  to  be  instructed,  in  the  art,  trade  or  call¬ 
ing  of — ,  by  the  best  w  ay  or  means  that  be  may  or 
can  (if  said  apprentice  be  capable  to  learn);*  and 
during  the  said  term,  to  find  and  provide  unto  the 
said  apprentice  good  and  sufficient  meat,  drink, 
clothing,  lodging,  and  other  necessaries  fit  and 
convenient  for  such  an  apprentice,  during  the  term 
aforesaid,  and  at  the  expiration  thereof,  shall  give 

*  The  following  covenant  is  usually  inserted  in  this  place,  viz  “And 
also  to  teach  and  instruct  the  said  apprentice,  or  cause  him  to  be  taught 
and  instructed  to  read  and  write,  &c.” 


108 


INDENTURES. 


-unto  the  said  apprentice,  two  suits  of  new  wearing 
apparel,  one  suitable  for  Lord’s  day,  and  the  other 
for  working  days.  In  testimony  whereof,  the  said 
parties  have  to  this,  and  one  other  indenture,  of  the 
same  tenor  and  date,  interchangeably  set  their  hands 
and  seals,  the  —  day  of  — ,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  — 

Signed ,  sealed  and  delivered ,  ) 
in  presence  of  us,  ) 


An  Indenture  by  the  Overseers  of  the  Poor,  to  bind 

out  a  poor  child . 

This  Indenture  Wilnesseth ,  That  we,  A  B,  C  D, 
and  E  F,  Overseers  of  the  Poor  of  the  town  of  — , 
in  the  county  of  — ,  by  virtue  of  a  law  of  this  State 
in  such  cases  made  and  provided,  have  put  and 
placed,  and  by  these  presents  do  put,  place  and  bind 
out,  G  H  a  poor  child,  the  son  of  — ,  of  said  town 
of  — ,  as  an  apprentice  to  J  K,  of  — ,  to  learn  the 
art,  trade,  or  mystery  of  —  :  the  said  G  H,  after  the 
manner  of  an  apprentice,  to  dwell  with  and  serve 
the  said  J  K,  from  the  day  of  the  date  hereof,  until 
the  —  day  of — ,  w  hich  will  be  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  — ,  at  which 
time  the  said  apprentice,  if  he  shall  be  living,  w  ill  be 
—  years  of  age.  And  the  said  J  K,  on  his  part,  doth 
hereby  promise,  covenant  and  agree  to  teach  and 
instruct  the  said  apprentice,  or  cause  him  to  be  taught 
and  instructed,  in  the  art,  trade,  or  calling  of  a  — , 
by  the  best  way  or  means  he  can  ;  and  also  to 
teach  and  instruct  the  said  apprentice,  or  cause  him 
to  be  taught  and  instructed,  to  read  and  write,  he. 
if  the  said  apprentice  be  capable  to  learn.  (Re¬ 
mainder  as  in  the  preceding.) 


An  Indenture  to  bind  out  a  person  upwards  of  twen¬ 
ty-one  years  of  age,  agreeably  to  the  laws  of  Maine. 

This  Indenture,  made  the  —  dav  of  —  by  and 
between  B  T,  P  W,  and  S  M,  overseers  of  the 


INDENTURES. 


109 


poor  of  the  town  of  — ,  in  the  county  of  — ,  on  one 
part,  and  D  B,  of  — ,  in  said  county,  gent,  ou  the 
other  part,  witnesseth ,  That  the  said  overseers  by 
virtue  of  the  power  and  authority  to  them  given  in 
and  b}'  a  law  of  this  State,  entitled  “  an  Act  ascer¬ 
taining  what  shall  constitute  the  legal  settlement, 
and  providing  for  the  relief  and  support,  employ¬ 
ment  and  removal  of  the  poor,”  passed  March  21, 
1821,  have  set  to  work,  and  do  hereby  set  to  work 
and  bind  out  to  the  said  D  B,  for  the  space  of  one 
whole  year  from  the  date  hereof,  A  B,  a  married 
(or  unmarried)  person,  upwards  of  twenty-one 
years  of  age,  able  of  body,  who  has  no  visible 
means  of  support,  lives  idly,  and  neither  uses  or 
exercises  any  ordinary  or  daily  lawful  trade,  or 
business,  to  get  [his]  living  by  ;  during  which  time 
he  shall  faithfully  serve  the  said  D  B,  and  obey  all 
his  lawful  commands,  not  wasting  any  of  his  goods, 
nor  doing  any  damage  to  him  whatever  ;  and  the 
said  D  B,  on  his  part,  doth  hereby  covenant  and 
engage  to  pay  to  the  said  overseers,  for  the  service 
of  the  said  A  B,  for  the  term  aforesaid,  the  sum  of 
— ,  to  be  improved  by  the  said  overseers  for  the 
support  of  said  A  B’s  family,  (if  he  have  any,  if 
not,  say ,  to  be  laid  out  at  the  discretion  of  the  said 
overseers  for  the  use  and  benefit  of  the  said  A  B.) 
In  testimony  whereof  the  parties  aforesaid  have 
hereunto  interchangeably  set  their  hands  and  seals, 
the  day  and  year  above  written. 

Signed,  sealed  and  delivered f  |  B  T.  (l.  s.) 


P  W.  (l.  s.) 
S  M.  (l.  s.) 
D  B.  (l.  s.) 


S  D  F. 
ME. 


J 


An  Indenture  to  hind  as  a  Servant ,  a  Minor ,  under 


the  age  of  fourteen  years. 


This  Indenture  witnesseth ,  That  A  B,  of,  &c.  by 
these  presents  doth  put  and  place  his  [or  her]  son  C 
B,  a  minor,  under  the  age  of  fourteen  years,  as  a. 


10 


110 


INDENTURES. 


servant  to  11  P,  of,  &lc.  :  the  said  G  B  after  the 
manner  of  a  servant  to  dwell  Avith  and  serve  the  said 
R  P,  from  the  day  of  the  date  hereof,  until  the  — 
day  of  — ,  A  D.  — ,  at  which  time  the  said  C  B,  if 
he  should  be  living,  will  be  fourteen  years  of  age. 
During  which  term  the  said  C  B  his  said  master 
well  and  faithfully  shall  serve;  he  shall  do  no 
damage  to  his  said  master,  nor  wilfully  suffer  any 
to  be  done  by  others  ;  he  shall  not  waste  his  mas¬ 
ter’s  goods,  nor  lend  them  unlawfully  to  any  ;  from 
the. service  of  his  said  master  he  shall  not  absent 
himself,  but  shall  in  all  things  behave  himself  as  a 
good  and  faithful  servant  ought,  during  the  whole 
time  or  term  aforesaid. 

And  the  said  R  P,  on  his  [<9?*  her]  part,  doth 
hereby  promise,  covenant  and  agree,  &c.  ( Here  in¬ 
sert  the  terms  to  be  performed  on  the  part  of  the  mas¬ 
ter.)  In  testimony ,  fyc. 

If  the  Minor  be  bound  by  Guardian ,  say. 

This  Indenture  witnesseth,  That  A  B,  of,  &c. 
guardian,  legally  appointed,  of  C  D,  a  minor  under 
the  age  of  fourteen  years,  son  of  E  F,  late  of,  he. 
deceased,  hath  put  and  placed,  and  by  these  pre¬ 
sents  doth  put  and  place  the  said  C  D,  as  a  servant 
to  R  P,  of,  he.  (  as  in  the  last  form.) 

If  the  Minor  have  no  Parent  or  Guardian  and  is 
to  be  bound  ivith  the  approbation  of  the  Selectmen ,  say, 

This  Indenture  witnesseth ,  That  C  B,  a  minor 
under  the  age  of  fourteen  years,  now  resident  in 
son  of  A  B,  of,  he.  deceased,  having  no  parent  or 
guardian,  by  these  presents  and  with  the  approba¬ 
tion  of  E  F,  G  H,  I  K,  Selectmen  (or  a  major  part 
of  the  Selectmen)  of  the  said  town  of  — ,  doth  put 
and  place  himself  as  a  servant  to,  he.  (as  before.) 

After  the  signature  of  the  parties,  the  Selectmen 
should  express  their  approbation  as  follows,  viz. 

We  the  subscribers,  Selectmen  of  the  town  of — j 
•having  examined  the  terms  of  the  foregoing  deed, 


INDENTURES. 


Ill 


do  hereby  signify  our  approbation  of  the  same,  and 
of  the  said  —  binding  himself  as  therein  mentioned. 

E  F. 

G  H. 

I  K. 

An  Indenture  to  bind  as  a  Servant,  a  minor  of  the 
age  of  fourteen  years  or  upwards'.. 

Th  is  Indenture  witnesseth,  That  A  B,  of,  he.  hath 
put  and  placed,  and  by  these  presents,  doth  put  and 
bind  out  his  son,  C  B,  and  the  said  C  B  doth  here¬ 
by  put,  place  and  bind  himself  as  a  servant  to  R  P, 
to  —  (Here  the  particulars  of  his  service  may  be 
mentioned)  and  the  said  A  B  and  C  B  do  covenant 
with  the  said  R  P,  that  he  the  said  C  B  shall  as  a 
servant  as  aforesaid,  dwell  with  and  serve  the  said  R 
P,  from  the  day  of  the  date  of  these  presents,  until 
the  —  day  of — ,  which  will  be  in  the  year  of  our 
Lord  — ,  at  which  time  the  said  C  B,  if  he  should 
be  living,  will  be  twenty-one  years  of  age.  During 
all  which  time  or  term  the  said  C  B  his  said  master 
as  a  servant  will,  &;c.  (As  in  the  first  form,  page 
107,  only  instead  of  the  word  apprentice  say  ser¬ 
vant.) 

And  the  said  R  P  on  his  part,  doth  hereby  promise, 
covenant  and  agree,  he.  (Here  insert  the  terms  to 
be  performed  on  the  part  of  the  master.) 

In  testimony,  &,  c. 

If  the  minor  be  bound  by  a  guardian ,  or  having 
no  parent  or  guardian,  bind  himself  with  the  appro¬ 
bation  of  the  Selectmen,  say  as  in  the  form  preceding 
the  last. 


An  Indenture  to  bind  as  an  At  prentice,  a  minor  un¬ 
der  the  age  of  fourteen  years. 

1 .  By  his  Parent. 

This  Indenture  witnesseth,  That  A  B,  of,  he.  hath 
put  and  placed,  and  by  these  presents  doth  put  and 
place  his  (or  her)  son  C  B.  *  *  *  * 


U2 


indentures: 


2.  By  his  Guardian . 

This  Indenture  ivitnesseth ,  That  A  B,  of,  &c. 
guardian,  legally  appointed,  of  C  F,  a  minor,  un¬ 
der  the  age  of  fourteen  years,  son  of  E  F,  late  of, 
&e.  deceased,  hath  put  and  placed,  and  by  these 
presents  doth  put  and  place  the  said  C  F.  *  * 

3.  Having  no  parent  or  guardian ,  by  himself,  with 

the  approbation  of  the  Selectmen  of  the  town 

where  he  resides. 

This  Indenture  ivitnesseth,  That  C  B,  a  minor 
under  the  age  of  fourteen  years,  now  resident  in, 
he.  a  son  of  A  B,  of,  &c.  deceased,  having  no  pa¬ 
rent  or  guardian,  hath  put  and  placed,  and  by  these 
presents,  and  with  the  approbation  of  E  F,  G  H, 
and  I  K,  Selectmen  ( or  a  major  part  of  the  Select¬ 
men)  of  the  said  town  of  — ?  doth  put  and  place 
himself  *  *  *  *  as  an  appren¬ 

tice  to  R  P,  of,  &lc.  to  learn  the  art,  trade  or  mys¬ 
tery  (so  far  as  the  said  apprentice  be  capable  to 
learn)  of  — .  The  said  C  B  after  the  manner  of 
an  apprentice  to  dwell  with  and  serve  the  said  R  P, 
from  the  day  of  the  date  hereof,  until  the  —  day  of 
— ,  which  w  ill  be  in  the  year  of  our  Lord  one  thou¬ 
sand  eight  hundred  and  — ,  at  which  time  the  said 
apprentice,  if  he  be  living,  will  be  fourteen  years  of 
age.  During  all  which  time,  he.  (as  in  page  107.) 

In  testimony,  fyc. 

If  the  minor  bind  himself,  with  the  approbation 
of  the  Selectmen,  their  approbation  should  be  ex¬ 
pressed  at  the  foot,  thus  : 

We  the  subscribers,  Selectmen  of  the  town  of  — , 
having  examined  the  terms  of  the  foregoing  deed, 
do  hereby  express  our  approbation  of  the  same, 
and  of  tile  said  C  B’s  binding  himself  as  therein 
mentioned.  E  F. 

G  H, 
IK. 


INDENTURES. 


ns 


An  Indenture  to  bind  as  an  Apprentice  a  minor  of 
fourteen  years  old  and  upwards. 

1.  By  his  Parent. 

This  Indenture ,  fyc.  ( as  in  the  common  form ,  page 
106.)  *  *  * 

2.  By  his  Guardian. 

This  Indenture  witnesseth ,  That  A  B,  of,  he. 
guardian,  legally  appointed,  of  C  F,  a  minor  up¬ 
wards  of  fourteen  years  of  age,  son  of  E  F,  late  of, 
&c.  deceased,  hath  put  and  placed,  and  by  these 
presents,  with  the  consent  of  the  said  minor,  which 
he  expresses  by  his  signature  hereto,  doth  put  and 
place  him  the  said  C  F,  as  an  apprentice,  &ic.  (as 
in  the  form  aforesaid ,  page  107.) 

3.  By  himself  with  the  approbation  of  the  Selectmen. 

This  Indenture  witnesseth ,  That  C  D,  a  minor 
upwards  of  fourteen  years  of  age,  now  resident  in 
— ,  a  son  of,  he.  deceased,  having  no  parent  or 
guardian,  hath  put  and  placed,  and  by  these  pre¬ 
sents,  with  the  approbation  of  E  F,  G  H,  and  I  K, 
Selectmen,  (or  a  major  part  of  the  Selectmen)  of  the 
said  town  of  — ,  doth  put  himself  as  an  apprentice 
to,  &£c.  (as  in  the  form  aforesaid ,  page  107.) 

At  the  foot  of  this  indenture  the  Selectmen  should 
certify  as  follows : 

We  the  subscribers.  Selectmen  of  the  town  of — r 
having  examined  the  terms  of  the  foregoing  deed,, 
do  hereby  express  our  approbation  of  the  same,, 
and  of  the  said  C  D’s  binding  himself  as  therein 
mentioned.  E  F. 

G  H. 

I  K, 


10* 


114  PROBATE. 

OF  WILL  AND  TESTAMENTS,  he. 


A  will  is  a  declaration  of  the  mind,  either  by  word 
or  writing,  in  disposing*  of  an  estate  ;  and  to  take 
place  after  the  death  of  the  testator. 

He  who  makes  the  testament,  is  called  the  testa¬ 
tor  ;  and  when  a  man  dies  without  a  will,  he  is  said 
to  die  intestate.  Bac.  Abr. 

A  codicil  is  a  supplement  to  a  will,  and  to  be 
taken  as  a  part  of  the  will  itself,  being  for  its  expla¬ 
nation  or  alteration. 

A  nuncupative  will  extends  only  to  the  personal 
property  of  the  testator,  and  is  his  intentious  declar¬ 
ed  in  his  last  hours,  before  a  sufficient  number  of 
witnesses,  and  afterwards  reduced  to  writing. 

By  the  laws  of  this  State  it  is  provided,  that  every 
person  of  the  age  of  21  years,  and  of  sane  mind, 
lawfully  seized  of  any  lands,  tenements,  or  heredit¬ 
aments,  within  this  State,  in  his  or  her  own  right  in 
fee  simple,  or  for  the  life  or  lives  of  any  other  per¬ 
son  or  persons,  and  every  person  as  aforesaid,  being 
the  owner  of  any  personal  estate,  may  give,  dispose^ 
of,  and  devise  said  real  and  personal  estate  by  his 
or  her  last  will  and  testament  in  writing,  to  and 
among  his  or  her  children  or  others,  as  he  or  she 
may  see  fit. 

Further ,  That  all  wills  of  lands,  he.  shall  be 
in  writing,  and  signed  by  the  party,  so  devising 
or  bequeathing  the  same,  or  by  some  person  in 
his  presence,  and  by  his  express  direction,  and 
shall  be  attested  and  subscribed  in  the  presence  of 
the  testator,  by  three  credible  witnesses,  or  the  same 
shall  be  utterly  void. 

Further ,  That  notwithstanding  this  act, any  soldier 
being  in  actual  military  seivice,  or  any  mariner,  or 
seaman  being  at  sea,  may  dispose  of  his  moveables, 
wages  and  other  personal  estate,  as  he  might  have 
done  before  the  making  of  this  act. 

Further ,  That  no  nuncupative  will  shall  be  good, 
where  the  estate  thereby  bequeathed  shall  exceed 


PROBATE. 


115 


the  value  of  one  hundred  dollars,  that  is  not  proved 
by  the  oath  of  three  witnesses,  who  w  ere  present  at 
the  making  thereof,  nor  unless  it  be  proved  that  the 
testator,  at  the  time  of  pronouncing  the  same  did 
bid  the  persons  present,  or  some  of  them,  to  bear 
witness  that  such  was  his  will,  or  to  that  effect,  nor 
unless  such  nuncupative  will  were  made  in  the  time 
of  the  last  sickness  of  the  deceased,  and  in  the  house 
of  his  or  her  habitation  or  dwelling,  or  where  he  or 
she  had  been  resident  for  the  space  of  ten  days  or 
more,  next  before  the  making  of  such  w  ill  ;  except 
where  such  person  w  as  unexpectedly  taken  sick,  be¬ 
ing  from  home,  and  died  before  he  or  she  returned 
to  the  place  of  his  or  her  habitation. 

Further ,  That  after  six  months  shall  have  passed, 
after  speaking  any  pretended  testamentary  words, 
no  testimony  shall  be  received  to  prove  the  same  as 
a  nuncupative  will,  unless  the  said  words  or  the  sub¬ 
stance  thereof,  were  reduced  to  w  riting  within  six 
days  after  the  same  testamentary  words  were  spoken. 

Further ,  That  whenever  any  executor  or  execu¬ 
tors  of  the  last  will  of  any  person  deceased,  know¬ 
ing  of  their  being  so  named  and  appointed,  shall 
neglect  to  cause  such  will  to  be  filed  within  thirty 
days  next  after  the  death  of  the  testator  in  the  Pro¬ 
bate  office,  of  the  county  where  he  last  dwelt,  and 
proved  and  recorded  within  such  time  as  the  judge 
of  Probate  shall  limit  and  appoint  ;  or  present  the 
said  will,  and  in  writing  declare  his,  her,  or  their 
refusal,  every  executor  so  neglecting  his  or  her 
trust  and  duty  in  that  behalf  (without  just  excuse 
madr  and  accepted  by  the  judge  of  Probate  for  such 
delay)  shall  forfeit  a  sum  not  exceeding  sixteen  dol¬ 
lars  a  month,  from  and  after  the  time  limited  as 
aforesaid,  until  he,  she  or  they  shall  cause  said  will 
to  be  filed  and  probate  thereof  to  be  made,  or  present 
the  same  as  aforesaid. 

Further ,  That  the  widow  in  all  cases  mav  wave 
the  provision  made  for  her  in  the  will  of  her  deceased 
husband,  and  claim  her  dower  and  have  the  same 


116 


probate: 


assigned  her  in  the  same  manner  as  though  her  hus¬ 
band  had  died  intestate. 

Further ,  That  when  a  man  and  his  wife  shall  be 
seized  of  lands,  tenements  and  hereditaments,  in  her 
right  in  fee,  and  issue  shall  be  born  alive  of  the 
body  of  such  wife,  that  may  inherit  the  same,  and 
such  wife  shall  die,  the  husband  shall  have  and  hold 
such  estate  during  his  natural  life,  as  tenant  by 
courtesy. 


No.  I. 

Form  of  a  last  Will  and  Testament . 

I,  A  B,  of  — ,  in  the  county  of  — ,  [addition] 
knowing  the  uncertainty  of  life,  and  being  desirous 
of  controling  the  distribution  of  my  property,  do 
make,  publish  and  declare  the  following  as  my  last 
will  and  testament. 

First.  I  give  and  bequeath  to  my  beloved  wife, 
E,  [the  use,  during  her  life,  (or  widowhood)  of  all 
my  plate  and  household  goods  (except  as  is  hereaf¬ 
ter  excepted) — also  one  third  part  of  my  homestead, 
or  the  farm  whereon  I  now  live,  with  (one  half  of 
or  —  rooms  in)  my  dwelling  house,  standing  there¬ 
on,  with  the  privileges,  &c.] 

Secondly.  I  give  to  my  son  A  B,  the  sum  of — . 
(or  as  the  case  may  be.) 

Thirdly.  I  give  and  bequeath  to  my  daughter 
C  B,  my  silver  tankard,  &;c. 

Fourthly.  I  give  and  devise  to  my  son  D  B,  mv 
farm  at  — ,  and  —  acres  of  land  at  —  :  To  have 
and  to  hold  the  same  to  him,  the  said  D  B,  his  heirs 
and  assigns  forever. 

Fifthly.  I  give  and  bequeath  to  my  daughter, 
E  B,  the  sum  of — :  This  and  the  other  legacies 
abovementioned,  to  he  paid  by  my  executor  hereaf¬ 
ter  named  in  one  year  after  my  decease. 

I  give  to  my  son,  A  B  aforesaid,  all  the  debts, 
that  may  be  owing  to  me  at  the  time  of  my  decease. 


PROBATE. 


117 


I  also  give  and  devise  to  the  said  A  B,  the  residue, 
viz.  two-thirds  of  my  homestead  aforesaid  ;  and  af¬ 
ter  the  death  of  my  said  w  ile,  the  other  third  there¬ 
of:  To  have  and  to  hold  to  him,  his  heirs  and  assigns 
forever  ;  he  paying  to  my  children  hereafter  named, 
in  one  year  after  my  decease,  the  sums  following, 
viz,  :  To  my  son,  J  B,  the  sum  of  — ,  and  to  my 
daughter,  M  B,  the  sum  of  —  :  And  after  the  death 
of  my  wife  the  further  sums,  as  follows,  viz.  **** 

I  also  give  to  my  said  son,  A  B,  all  my  estate, 
both  real  and  personal,  not  herein  before  disposed 
of,  wherever  the  same  may  be  found.  To  have  and 
to  hold  to  him,  his  heirs  and  assigns  forever;  he 
paying  all  my  debts,  funeral  charges  and  expenses 
of  the  probate  of  this  my  last  will  and  testament. 

Lastly.  I  do  constitute  and  appoint  my  said  son, 
A  B,  sole  executor  of  this  my  last  will  and  testa¬ 
ment.  In  testimony  whereof,  I  have  hereunto  set 
my  hand  and  seal,  this  —  day  of — ,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  — . 

A  B.  (l.s.) 

Signed  and  sealed  by  the  said  A  B,  and  by  him 
declared  to  be  his  last  will  and  testament,  in  our 
presence  ;  and  we,  and  each  of  us,  in  his  presence, 
and  in  the  presence  of  each  other,  at  the  same  time 
subscribed  our  names  as  witnesses. 

(Signed.)  Three  Witnesses. 

Note.  The  forms  of  wilts  must  ever  vary  according  to  circumstan¬ 
ces,  except  in  the  signing,  sealing,  publishing,  &c.  therefore  it  is  not  ma¬ 
terial  nor  is  it  indeed  possible,  that  there  should  beany  precise  form. 


No.  II. 

A  Cod  icily  or  addition  to  a  Will. 

I,  A  B,  of  &lc.  do  make,  publish  and  declare  this 
codicil  to  my  last  will  and  testament,  in  manner  fol¬ 
lowing,  viz.  :  1  give  to  my  niece,  M  E,  one  gold 
watch,  one  large  diamond  ring,  and  one  silver  coffee 


118 


PROBATE, 


pot.  And  whereas,  in  my  last  will  and  testa ment* 
I  gave  to  my  daughter,  M  B,  the  sum  of  — ,  I  do 
hereby  declare,  that  my  will  is,  that  the  further  sum 
of  —  be  paid  to  her,  in  addition  to  the  said  legacy, 
which  1  have  as  aforesaid  bequeathed  to  her  ;  the 
same  to  be  paid  to  her  by  my  son,  A  B,  named 
therein  as  executor  of  my  last  will  and  testament, 
in  one  year  after  my  decease. 

Lastly.  It  is  my  desire,  that  this  my  present 
codicil  be  annexed  to,  and  make  a  part  of  my  last 
will  and  testament,  to  all  intents  and  purposes. 

In  witness,  fyc.  A  B.  (l.s.) 

Signed,  sealed,  published  and  declared  by  the 
above  named  A  B,  as  a  codicil  to  be  annexed  to  his 
last  will  and  testament,  in  presence  of 

(Signed.)  Three  Witnesses. 


Notk.  Whim  a  will,  as  aforesaid,  is  presented  for  brobate,  the  same 
being  filed  in  the  Probate  Office,  the  judge  issues  a  citation  to  the  heirs, 
&c  to  be  present  when  the  will  is  to  be  proved  :  and  also  a  notice  to  be 
printed  in  a  newspaper  of  the  time  and  place  assigned  for  taking  proof 
of  the  same.  If  proved,  a  certificate  thereof  is  annexed  by  the  judge, 
and  a  letter  testamentary  granted,  upon  the  executor’s  giving  bonds,  as 
required  by  law. 


No.  III. 

Executor's  Bond. 

Know  all  men  by  these  presents,  that  we  - , 

within  the  State  of  Maine,  are  held  and  stand  firmly 
bound  and  obliged  unto  — ,  Esquire,  Judge  of  Pro¬ 
bate  of  wills,  and  for  granting  administration  with¬ 
in  the  county  of — ,  in  the  full  and  just  sum  of  — 
dollars,  to  he  paid  to  the  said  — ,  and  his  successors 
in  said  office  :  To  the  true  payment  whereof,  we  do 
bind  ourselves  and  each  of  us,  onr,  and  each  of  our 
heirs,  executors  and  administrators,  jointly  and  sev¬ 
erally,  by  these  presents.  Sealed  with  our  seals. 

Dated  the  —  day  of — ,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  — . 

The  condition  of  this  obligation  is  such,  that  if 
the  above  bound  A  B,  execut  of  the  last  will  and 


PROLATE. 


119 


testament  of  C  D,  late  of — ,  in  said  county  of  — , 
deceased,  do  make  or  cause  to  be  made,  a  true  and 
perfect  inventory  of  all  and  singular  the  real  estate, 
goods  and  chatties,  rights  and  credits  of  the  said 
deceased,  which  have  or  shall  come  to  the  hands, 
possession  or  knowledge  of  the  said  Execut  or  in¬ 
to  the  hands,  or  possession  of  any  other  person  or 
persons  for  and  the  same  so  made,  do  exhibit  or 
cause  to  be  exhibited  into  the  registry  of  the  Court 
of  Probate,  of  the  said  county  of — ,  within  three 
months  from  the  date  hereof ;  and  the  same  goods 
and  chattels,  rights  and  credits,  and  all  other  the 
goods  and  chattels,  rights  and  credits  of  the  said 
deceased,  at  the  time  of  death,  or  which  at  any 
time  after  shall  come  to  the  hands  and  possession  of 
the  said  Execut  or  into  the  hands  and  possession 
of  any  other  person  or  persons  for  ,  do  well  and 
truly  administer  according  to  said  will :  And  further* 
do  make  or  cause  to  be  made  a  just  and  true  account 
of  said  administration  upon  oath,  within  one  year 
from  the  date  hereof ;  and  all  the  rests,  residue  and 
remainder  of  said  goods  and  chattels,  rights  and 
credits,  which  shall  be  found  remaining  upon  said 
account,  the  same  being  first  examined  and  allowed 
by  the  Judge  of  Probate  for  the  time  being,  shall 
deliver,  or  pay  unto  ^uch  person  or  persons  respec¬ 
tively,  as  may  be  lawfully  entitled  thereto,  or  as  the 
said  Judge  by  his  decree  or  sentence,  pursuant  to 
law,  shall  order  and  direct:  Then  the  above  written 
obligation  to  be  void  and  of  none  effect,  or  else  to 
remain  in  full  force  and  virtue. 

Signed,  sealed ,  <§*c. 


Note.  The  executonnay  know  his  legal  duties  from  the  obligation 
ef  the  bond. 


120 


PROBATE. 


IV. 

Condition  of  an  Executor's  Bond  to  pay  debts  and 

legacies. 

O 

The  condition  of  this  obligation  is  such,  that  if 
the  above  bound  — ,  Execut  —  of  the  last  will  and 
testament  of  — ,  late  of  — ,  deceased,  his  heirs, 
executors  or  administrators,  do  well  and  truly  pay, 
or  cause  to  be  paid,  the  said  deceased’s  debts  and 
legacies,  and  faithfully  fulfil  his  said  Will,  and  ad- 
administer  —  estate  according  thereto,  and  render 
upon  oath  a  just  and  true  account  of  —  proceedings 
thereinwhen  thereto  lawfully  required ;  then  the  above 
written  obligation  to  be  void,  otherwise  to  remain  in 
full  force  and  virtue* 

Signed,  sealed  and  delivered,  } 
in  presence  of  us.  ) 


y. 

Application  of  a  widow  who  waives  the  provision 

made  for  her  by  will. 

To  the  Hon.  Judge  of  Probate  for  the  County 
of  — . 

A  B,  widow  of  C  B,  late  of  — ,  in  said  County, 
Esquire,  deceased,  testate,  respectfully  represents, 
that  the  said  C  B,  in  and  by  his  last  will  and  testa¬ 
ment,  made  provision  for  your  petitioner,  which  is 
not  satisfactory  to  her.  She  therefore  waives  the 
provision  made  as  aforesaid,  and  claims  her  dower 
of  said  deceased’s  estate,  agreeably  to  law. 

A  B. 

Dated  he. 


VI. 

Relinquishment  of  Executorship. 

To  the  Hon.  Judge  of  Probate  for  the  County  of 
•  ♦ 

The  subscriber  respectfully  represents,  that,  in 
the  last  will  and  testament  of  C  D,  late  of — ,  de- 


PROBATE. 


121 


ceased,  he  was  named  as  Executor  of  the  same  : 
That  it  is  inconvenient  for  him  to  accept  and  dis¬ 
charge  the  duties  of  said  trust,  and  therefore  declines 
the  same. 

Dated,  &c.  A  B. 

Note.  When  the  person,  named  as  executor,  refuses  the  trust,  the 
Judge  of  Probate  shall  commit  administration  of  the  estate  of  the  de¬ 
ceased,  with  the  will  annexed  unto  the  widow  or  next  of  kin  to  the  de¬ 
ceased,  oi  one  or  more  of  the  devisees,  or  in  case  of  their  refusal,  to  one 
or  more  of  the  principal  creditors,  as  he  shall  think  fit. 


VII. 

Petition  for  filing  and  recording  copy  of  a  Will 
proved  without  the  State . 

To  the  Hon.  Judge  of  Probate  for  the  county  of 
"  • 

A  B,  of — ,  executor  of  the  last  will  and  testament 
of  C  D,  late  of — ,  (or  an  heir ,  or  creditor ,  as  the 
case  may  he)  respectfully  represents,  that  the  said 
C  D  has  deceased,  testate  ;  that  his  last  will  and 
testament  has  been  duly  proved  and  allowed  (here 
insert  the  Court  in  which  said  will  was  proved  and. 
allowed ,)  and  that  letters  testamentary  have  been 
granted  to  him  by  said  Court  ;  a  copy  of  which 
will,  and  of  the  Probate  thereof,  and  also  of  the  letter 
testamentary,  under  the  seal  of  the  said  Court,' is 
herewith  produced:  that  said  testator  died  possessed 
of  ( real,  or  personal  estate ,  as  the  case  may  be,  with 
a  description  of  the  estate  and  where  situated,)  where¬ 
on  the  said  will  operates,  and  administration  ought 
to  be  had  according  thereto.  Your  petitioner  there¬ 
fore  requests,  that  the  copy  of  said  will  and  probate 
may  be  fded  and  recorded  in  the  Probate  office  of 
said  county  of  — ,  and  such  other  proceedings  had 
thereon  as  the  law  in  such  cases  provides. 

A  B. 


Dated,  fyc. 


II 


PROBATF. 


Note.  Upon  petition,  as  above,  (a  copy  of  the  will,  and  of  the  Pro¬ 
bate  thereof,  duly  certified,  being  produced  in  the  Court  of  robate  for 
the  county  where  the  estate  lies)  the  Judge  will  order  a  notice  to  be 
printed  in  some  public  newspaper,  three  weeks  successively;  after  which 
if  proved  and  allowed  to  be  recorded,  the  Judge  may  proceed  to  take 
bond  of  the  executor,  or  grant  administration  of  the  ^aid  testator’s  es¬ 
tate,  lying  in  this  State  with  the  will  annexed,  and  settle  the  said  estate 
in  the  same  way  and  manner,  as  by  law,  lie  may  or  can,  the  estates  of 
testators,  whose  wills  have  been  duly  proved  before  him. 


VIII. 

Application  for  Dedimus  Potestatein ,  to  take  deposi¬ 
tion  of  witnesses  to  a  will ,  living  without  the  State , 
or  more  than  thirty  miles  distant,  fyc. 

To  the  Hon.  Judge  of  Probate  for  the  County 
of  — . 

A  B,  executor  of  the  last  will  and  testament  of  C 
D,  late  of  — ,  deceased,  presents  for  probate  the  said 
will  and  represents  that  E  F,  G  H  and  J  K,  the 
subscribing  witnesses  thereto,  live  at  — ,  without 
th  is  State  ( or  reside  at  — ,  more  than  thirty  miles 
distant  from  the  Probate  office  in  said  county,  or  by 
reason  of  age  or  indisposition  of  body)  and  are  una¬ 
ble  to  appear  and  give  evidence  in  court. 

He  therefore  requests  that  your  honor  would  au¬ 
thorize  by  Dedimus  Potestatem  some  magistrate  to 
take  the  deposition  of  the  said  witnesses  in  writing, 
respecting  the  execution  of  the  said  will,  and  cause 
the  same  to  be  returned  to  you,  as  soon  as  may  he. 
Dated  &;c.  A  B, 


IX. 

Petition  for  Division. 

To  the  Hon.  Judge  of  Probate  for  the  County  of 

A  B,  of  — ,  in  said  county  of  — ,  respectfully  rep¬ 
resents  that  he  is  seized,  as  an  heir  with  others  — , 
of  the  real  estate  whereof  C  D,  late  of  — ,  in  said 
county  of  — ,  died  seized  and  possessed  ;  that  his 
portion  of  the  same  is  —  part  which  he  is  desirous 


PROBATE. 


123 


of  holding  and  possessing  in  severalty.  He  there¬ 
fore  requests  that  your  honor  would  grant  a  warrant 
to  suitable  persons,  authorizing  them  to  make  a  di¬ 
vision  of  said  estate,  and  set  off  to  each  heir  his 
proportion  in  the  same. 

Dated,  Ssc.  A  JB. 


X. 

Another  by  Devisee. 

To  the  Hon.  Judge  of  Probate  for  the  County  of 

*"  • 

A  B,  of—,  respectfully  represents,  that  as  devisee, 
and  bv  force  of  the  last  will  and  testament  of  C  D, 

of  Sic.  beholds - in  common  with  E  F,  &c.  and 

is  desirous  that  his  share  thereof  may  be  set  off  to 
him  to  hold  in  severalty.  He  therefore  requests 
that  your  honor  would  cause  a  division  of  the  same 
to  be  made  as  the  law  in  such  case  provides. 

Dated,  Sic.  A  B. 

Note.  Application  being  made  as  above,  the  Judge  is  authorized 
and  bound  by  law,  to  issue  his  warrant  to  three  discreet  disinterested 
freeholders,  who  shall  be  under  oath,  empowering  them  to  make  division 
according  to  the  will,  or  to  the  laws  regulating  the  descent  and  distri¬ 
bution  of  intestate  estates,  &c.  and  to  make  return  of  their  doings  into 
the  probate  office  as  soon  as  ma}r  be,  which  return  being  accepted  by  the 
judge  and  recorded,  the  business  is  completed.  If  an  heir  or  devisee, 
interested  in  the  same,  is  out  of  the  State,  the  Judge  may  appoint  a 
person  to  attend  at  the  division.  The  commissioners  must  also  exhibit 
an  account  of  the  charges  of  division,  which,  after  notification  underthe 
hand  of  the  Judge  to  those  interested,  if  reasonable,  is  allowed  ;  and  if 
any  one  interested  neglects  or  refuses  to  pay  his  just  proportion  of  such 
charges,  upon  complaint  to  the  Judge,  an  order  of  notice  is  passed,  and 
a  warrant  of  distress  afterwards  issued  thereon. 


XI. 

Commissioners'  Return. 

Pursuant  to  the?  annexed  warrant,  we,  the  under¬ 
signed  commissioners,  having  notified  E  F,  G  R,  J 
K,  &c.  heirs  ( and  L  M,  t  nant  in  common ,  where  the 
estate  is  in  common)  who  were  present  ( state  who 
vjere  present )  have  appraised  all  the  real  estate  of 


124 


PROBATE. 


which  the  said  S  H  died  seized  and  possessed,  as 
follows,  viz.  ( including ,  or  excluding  the  reversion  of 
the  widow’s  dower ,  according  to  the  tenor  of  the 
warrant.) 

One  lot  of  land  situated  in  said  — ,  bounded  as 
follows — (here  give  a  description  as  in  a  deed)  hav¬ 
ing  completed  the  appraisement  and  description  of 
the  several  lots  of  land — then  proceed. 

We  have  also  set  off  to  E  H,  eldest  son  of  said 
deceased,  the  following  described  piece  or  parcel — 
( the  description  ought  to  be  accurately  and  definitely 
made  :  proceed  in  the  same  way  with  all  the  heirs, 
unless  it  is  found  necessary  to  set  off  to  one  a  piece  of 
land ,  or  other  tenement  of  'greater  value  than  his 
share — in  which  case  say  :) 

And  whereas  the  following  described  piece  ofland, 
( here  describe  it)  cannot  without  great  inconvenience 
be  subdivided,  and  is  of  greater  value  than  the  share 
of  an  heir  :  We  have  set  off  the  same  to  G  H,  and 
do  award  that  he  pay  the  sum  of  —  dollars  toM  H, 
one  of  the  heirs  of  said  deceased  in  such  manner  and 
time  as  the  Judge  of  Probate  may  direct. 

( Or  if  after  the  completion  of  the  appraisment  and 
particular  description  of  the  land ,  they  shall  be  of 
opinion  that  division  cannot  be  made ,  they  may  add : ) 
and  we  are  of  opinion  that  the  said  real  estate  can¬ 


not  be  divided  among  the  heirs  (or  devisees)  without 


GR.  >  Commissioners. 


XII. 


Complaint  against  one  who  refuses  to  pay  his  propor¬ 
tion  of  the  charges  of  division.  . 


To  the  Hon.  Judge  of  Probate  for  the  county  of 
’  rmmm •  • 

A  B,  of — ,  complains,  that  C  B,  of — ,  has  neg¬ 
lected,  and  does  still  neglect  to  pay  his  proportion. 


PROBATE. 


125 


being —  part  of  the  charge  of  dividing  the  real  es¬ 
tate  of  E  B,  late  of  — ,  as  settled  and  allowed  by 
your  honor,  on  the  — day  of  — 

He  therefore  prays  of  your  honor,  to  grant  him  a 
warrant  of  distress  against  the  said  C  B,  for  thesaid 
sum  of — ,  together  with  the  costs  of  this  complaint, 
and  of  the  proceedings  that  may  be  had  thereon. 
Dated,  &lc.  A  B. 


XII. 

Nuncupative  Will. 

Bequeathing  estate  in  value  exceeding  1 00  dollars. 

A  B,  C  D,  and  E  F,  severally  make  oath,  that 
on  the  —  day  of  —  last,  they  were  at  the  dwelling- 
house  of  G  H,  late  of — ,  now  deceased,  (or  in  the 
house  of — ,  where  G  H,  late  of  — ,  now  deceased, 
bad  been  resident  for  the  space  of  ten  days  or  more, 
or,  where  G  H,  late  of  — ,  now  deceased,  was  unex¬ 
pectedly  taken  sick  and  died  before  he  returned  to 
the  place  of  his  habitation,  as  the  case  may  be)  and 
in  the  presence  of  said  deceased,  who  was  then  in 
his  last  sickness,  but  of  sane  mind,  did  hear  him  de¬ 
clare  as  his  last  will,  That,  &£c.  (Here  insert  the  sub¬ 
stance  of  the  words  spoken  by  the  testator ,)  and  the 
said  G  H  did  then  and  there,  at  the  time  of  his  pro¬ 
nouncing  the  same,  bid  us  (or  some  of  us,  or  of  the 
persons  present)  in  our  hearing,  to  bear  witness  that 
such  was  his  last  will.*  A  B. 

C  D. 

E  F. 


*The  will  having  been  sworn  to  by  the  several  witnesses,  in  Probate, 
Court,  the  Judge  then  issues  notice  to  all  who  are  interested  therein  ; 
after  which,  if  no  sufficient  objections  are  made  to  the  same,  it  is  appro¬ 
ved  and  recorded.  The  probate  of  a  nuncupative  will,  where  the  estate 
bequeathed  does  not  exceed  100  dollars,  is  nearly  the  same  as  above, 
except  that  slighter  testimony  than  that  of  three  witnesses  may  be  ad¬ 
mitted  to  prove  the  same. 

—— f 

OF  ADMINISTRATIONS,  &c. 

It  is  by  law  provided,  That  after  the  decease  of 
any  person  intestate,  administration  of  such  intestate’s 

11* 


126 


PROBATE. 


goods  and  estate  shall  be  granted  unto  his  widow  or 
next  of  kin,  upwards  of  twenty-one  years  of  age,  or 
to  both,  as  the  Judge  of  Probate  shall  think  fit  ; 
and  an  inventory  shall  be  taken  of  all  the  real  es¬ 
tate,  goods  and  chattels,  rights  and  credits  of  the 
deceased,  within  three  months,  by  three  suitable 
persons,  appointed  by  the  Judge  of  Probate,  who 
shall  be  sworn  to  the  faithful  discharge  of  their  trust, 
&c. 


XIII. 

Relinquishment  of  right  to  administer ,  and  request 
that  another  person  may  be  appointed. 

To  the  Hon.  Judge  of  Probate  for  the  coun¬ 
ty  of—. 

The  subscriber  respectfully  represents,  that  it  is 
inconvenient  for  him  to  administer  on  the  estate  of 
A  B,  late  of  — ,  deceased  ;  and  therefore  requests 
your  honor  to  appoint  some  other  person  (or  C  D, 
naming  some  one )  to  that  trust.  E  B. 

XIV. 

Administrator's  Bond. 

(Obligation  as  in  Executor’s  Bond.) 

The  condition  of  this  obligation  is  such,  that  if 
the  above  bounden  Administrat  of  all  and  singu¬ 
lar  the  goods  and  estate  of  — ,  late  of  — ,  in  said 
county  of  . — ,  deceased,  do  make,  or  cause  to  be 
made,  a  true  and  perfect  Inventory  of  all  and  singu¬ 
lar  the  real  estate,  goods  and  chattels,  rights  and 
credits  of  the  said  deceased,  which  have  or  shall 
come  to  the  hands,  possession  or  knowledge,  of  the 
said  Administrat  or  into  the  hands  or  possession  of 
any  other  person  or  persons  for  —  and  the  same  so 
made  do  exhibit,  or  cause  to  be  exhibited  upon  oath 
into  the  Registry  of  the  Court  of  Probate  of  the 
said  county  of — ,  at  or  before  the  —  day  of —  next 
ensuing  ;  and  the  same  goods  and  chattels,  rights 


T 


PROBATE. 


12? 


and  credits,  and  all  other  the  goods  and  chattels, 
rights  and  credits  of  die  said  deceased,  at  the  time  of 

_ death,  which  at  any  time  after  shall  come  into 

the  hands  and  possession  of  the  said  administrat 
or  into  the  hands  and  possession  of  any  other  person 
or  persons  for  the  said  administrat  do  well  and 
truly  administer  according  to  law:  And  further, 
do  make  or  cause  to  be  made,  a  just  and  true  ac¬ 
count  of  —  said  administration  upon  oath  on  or  be¬ 
fore  the  —  day  of  — ,  which  will  be  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  —  :  And 
all  the  rest,  residue  and  remainder  of  the  said  goods 
and  chattels,  rights  and  credits,  which  shall  be  found 
remaining  upon  the  said  Administration  account 
(the  same  being  first  examined  and  allowed  by  the 
Judge,  for  the  time  being  of  Probate  of  Wills  and 
for  granting  Administrations  within  the  county  of 
—  aforesaid)  shall  deliver  and  pay  unto  such  person 
or  persons  respectively,  as  the  said  Judge,  by  his 
decree  or  sentence  pursuant  to  law  shall  limit  and 
appoint :  And  if  it  shall  hereafter  appear  that  any 
last  will  and  testament  was  made  by  the  said  deceas¬ 
ed,  and  the  executor  or  executors  therein  named  do 
exhibit  the  same  in  the  Court  of  Probate  of  the  said 
county  of — ,  making  request  to  have  it  allowed  and 
approved  accordingly ;  if  the  said  administrat 
above  bounden,  being  thereunto  required,  do  render 
and  deliver  the  said  letter  of  Administration  (appro¬ 
bation  of  such  testament  being  first  had  and  made) 
into  the  said  Court :  then  the  before  written  obliga¬ 
tion  shall  be  void  and  of  none  effect,  or  else  shall 
abide  and  remain  in  full  force  and  virtue. 

Sealed  and  de , 


m  presence 


Note.  A  letter  of  administration  somewhat  resembles  a  general 
power  of  Attorney,  in  matters  relating  to  the  premises,  and  contains  a 
recital  of  the  duties  devolving  upon  the  person  appointed  to  that  trust. 
Administration  de  bonis  non ,  is  where  the  administrator  before  appoint¬ 
ed,  neglects,  refuses,  or  is  unable,  to  complete  the  administration;  for 
which  reason  it  is  committed  to  another:  As,  incase  of  living  out  of  the 
Government ,  and  neglecting  to  render  account ,  becoming  insane,  want 
of  ability,  or  Death.  De  bonis  non  is  the  contraction  of  a  Latin  sen- 


PROBATE. 


tence  signifying,  of  the  goods  and  estate  not  yet  administered.  When 
an  Executor  dies,  or  neglects,  &c.  the  will  is  annexed  to  the  letter  of  ad¬ 
ministration,  and  it  is  theli  called  administration  de  bo?iis  non  with  the 
will  annexed. 


XV. 

Inventory. 

An  Inventory  of  the  estate  of  C  D,  late  of  — ,  in 
the  county  of  — ,  deceased,  taken  pursuant  to  (the 
annexed)  warrant  [of  the  Judge.] 

Real  Estate. 

Two  hundred  acres  of  land,  situated  in  said  — , 
and  bounded  as  follows  :  (here  describe  the  bounda¬ 
ries,)  being  the  homestead  of  said  deceased,  together 
with  a  two  story  dwelling  house,  &c.  thereon, 

$  2500  00 

One  third  part  of  a  lot  of  land  in  com¬ 
mon  and  undivided  with  R  I,  containing 
100  acres  in  the  whole,  100  00 

One  Pew  in  the  —  meeting  house  of 
the  —  parish,  being  No.  — ,  40  00 


Personal  Estate. 


$2640  00 


(Under  this  denomination  are  to  be  included  all 
hinds  of  merchandize,  household  furniture,  produce, 
tools,  books,  clothing,  stocks,  notes,  accounts,  money, 
arranged  separately.) 


Dated,  fyc. 


|  Appraisers. 


XVI. 

Return  of  a  Committee  appointed  to  set  off  the 

Widow's  Dower. 

Pursuant  to  the  annexed  warrant  the  undersigned 
Committee  have  appraised  all  the  real  estate,  of 
which  C  D,  late  of  — ,  deceased,  died  seized  and 
possessed,  as  follows,  viz. 


PROBATE. 


129 


Two  hundred  acres  of  land,  situated  in  said  — , 
and  bounded  as  follows,  (here  describe  the  bounda¬ 
ries.)  being  the  homestead  of  said  deceased,  together 
with  a  two  story  dwelling  house,  &c.  thereon. 


Value.  Income. 

Appraised  at  $  2500  00  $  69  00 

One  third  part,  &tc.  100  00  00  00 

Pew  40  00  6  00 


$2640  00  $75  00 


One  third  part  of  the  Income  is  $25  00 

We  do  set  out  to  the  said  G  H  for  her  Dower, 
the  following  described  parcels  of  the  real  estate 
aforesaid,  (here  give  the  description.) 

Dated ,  fyc. 

Note.  Every  administrator  is  held  by  law  to  account  with  the  Judge 
of  Probate,  for  the  personal  estate  of  the  deceased,  according  to  ap¬ 
praisement,  unless  the  Judge  shall  think  it  more  for  the  benefit  of  the 
parties  interested,  otherwise  to  dispose  of  the  same  at  public  auction, 
or  private  sale  :  Provided  always.  That  such  sale  be  ordered  within  the 
term  of  three  months  from  the  return  of  the  Inventory,  and  not  after¬ 
wards,  unless  the  Judge  of  Probate  shall,  for  special  reasons,  think 
proper  to  allow  a  further  term,  not  exceeding  six  months. 


XVII. 

Account  of  sales  of  personal  estate ,  by  order  of  the 

Judge. 

The  following  is  a  true  account  of  the  sales  of 
sundry  articles  of — ,  (particularize  the  same)  the 
personal  estate  of  E  B,  late  of  — ,  in  the  county  of 
— ,  deceased,  as  the  same  were  (or  was)  struck  off 
at  a  public  vendue,  held  at  said  — ,  on  — ,  by  order 
of  the  Hon.  - — ,  Esq.  Judge  of  the  Court  of  Pro¬ 
bate.  within  and  for  the  countv  aforesaid.  Dated 
'  %/ 

the  — day  of  —  :  viz. 

1  yoke  of  working  oxen,  sold  to  — ,  for  $80  00 
1  saddle  horse,  to  — ,  for  -  <  75  00 

Amounting  in  the  whole  to  the  sum  of  $155  00 


130 


PROBATE. 


XVI11. 

Complaint  to  the  Judge  against  one  who  has  been 
entrusted  with  part  of  the  deceased’s  estate ,  and 
refuses  to  render  account. _ 

To  the  Hon.  — ,  Esq.  Judge  of  Probate  for  the 
county  of  — 

Complains  upon  oath,  C  D,  executor  of  the  last 
will  and  testament  ( or  administrator  upon  the  estate) 
of  A  B,  late  of  — ,  he  deceased,  that  he  sometime 
since,  entrusted  E  F,  of  — ,  he  with  —  part  of  the 
estate  of  the  said  A  B,  deceased,  and  that  the  said 
E  F  has  refused  to  render  account  thereof  to  your 
complainant, although  he  has  been  requested  so  to  do. 

Wherefore  he  requests  that  the  said  E  F  may  be 
convened  before  your  honor,  to  render  such  account 
as  by  law  he  ought.  C  D. 

Dated ,  <^c. 


XIX. 

Complaint  against  one  who  is  suspected  of  conceal¬ 
ing  the  goods  of  a  person  deceased ,  or  of  any  lu¬ 
natic ,  &fC. 

To  the  Hon.  — ,  Judge  of  Probate  for  the  Coun¬ 
ty  of  —. 

Complains  upon  oath,  C  D,  executor  of  the  last 
will  and  testament  [or  administrator  upon  the  es¬ 
tate,  or  guardian  of  — ,  or  heir,  creditor,  or  —  as 
the  case  may  be)  of  A  B,  late  of  — ,  he.  that  he  has 
good  cause  to  suspect  and  does  suspect  that  E  F,  of 
— ,  has  concealed,  embezzled  or  conveyed  away  — 
part  of  the  estate  of  the  said  deceased  (or  estate  of 
—  as  the  case  may  be  )  Wherefore  he  requests  that 
the  said  E  F  may  be  cited  before  your  honor,  to  be 
examined  concerning  the  premises,  or  otherwise 
dealt  with  as  the  law  in  such  case  directs. 

Dated  &c. 


C  D. 


I 


PROBATE.  131 

XX. 

ACCOUNTS. 

1.  The  first  Account  of  A  B,  administrator  on  the 
estate  of  CD,  late  of  — ,  fyc.  deceased. 

The  said  Accountant  charges  himself  with  the 
personal  estate  of  the  said  deceased,  amounting,  as 
per  Inventory,  to  the  sum  of  812  00 

The  rent  of  — ,  leased  to  G  H,  30  50 


$842  50 

And  prays  allowance  of  the  following 
charges  and  payments,  viz.  (here  specify 
Funeral  expenses,  doctor’s  bill,  expenses 
of  administration,  attendance,  debts  paid, 
and  to  whom,  &c.)  416  25 

Balance  to  be  paid  to  the  widow  and 

heirs,  — - - 

$426  25 

A  B 

Dated  &lc. 


2.  When  the  personal  estate  is  not  sufficient  to  pay 
the  debts ,  and  real  estate  has  been  sold  for  that 
purpose . 

The  second  account  of  A  B,  administrator  on 
the  estate  of  C  D,  late  of  — ,  &c.  deceased. 

The  said  Accountant  charges  himself  wdth  the 
balance  of  his  first  account,  being  426  25 

The  amount  of  real  estate  sold  pursu¬ 
ant  to  order  of  the  Judge  of  Probate,  504  13 


$930  38 


132  * 


And  prays  allowance  of  the  following 
payments  and  charges,  viz.  (Here  specify 
the  amount  of  debts  and  to  whom  paid ,  ex¬ 
penses  of  sale ,  fyc.) 


$930  38 
A  B. 

Dated  &zc. 


3.  When  the  estate  is  insolvent. 

The  third  account  of  A  B,  administrator  Szc. 
The  said  accountant  charges  himself  with  the  ba¬ 


lance  of  his  first  account,  being  426  25 

Amount  of  what  the  real  estate  sold  for, 
viz.  the  homestead,  sold  to — ,  for  1075  10 


Amount,  1501  35 

And  prays  allowance  as  follows,  viz  : 

Allowance  to  widow  of  said  deceased, 
by  order  of  the  Judge,  200  00 

Paid  for  advertising  sale  of  real  estate,  75 

Sundry  probate  fees,  2  00 

His  own  services,  he.  5  00 


207  75 


Balance  to  be  distributed  among  cred 
itors, 

Dated  he. 


XXL 

Representing  an  estate  insolvent. 

To  the  Hon.  Judge  of  Probate  for  the  County  of 

Humbly  shews  A  B,  of  — ,  in  said  County,  ex¬ 
ecutor  of  the  last  will  and  testament  (or  adminis- 


1293  60 
AB. 


PROBATE. 


133 


trator  on  the  estate)  of  C  D,  late  of  — ,  in  said 
County,  deceased,  that  such  are  the  condition  and 
circumstances  of  the  said  deceasd’s  estate,  (the  par¬ 
ticulars  of  which  he  is  ready  to  shew)  he  is  appre¬ 
hensive  that  it  will  be  insufficient  to  pay  all  the  just 
debts  which  the  said  deceased  owed ;  he  therefore  rep¬ 
resents  the  said  estate  as  insolvent,  and  requests  that 
your  honor  would  appoint  commissioners  to  receive 
and  examine  the  claims  of  the  several  creditors 
thereof.  A  B. 

Dated,  foe. 

Note.  Upon  application,  as  above,  the  Judge  appoints  two  or  more 
commissioners,  who  being  sworn  faithfully  to  discharge  the  trust  repos¬ 
ed  in  them,  may  proceed,  after  due  notice,  to  receive  and  examine  the 
claims  of  creditors,  and  the  creditors  themselves,  under  oath,  as  to 
the  justness  of  their  claims  there  exhibited. 


xxn. 

Oath  required  of  a  creditor. 

You  do  swear  (or  affirm,  as  the  case  may  be)  that 
you  will  make  true  answers  to  the  questions,  which 
shall  be  asked  you  by  the  commissioners  relative  to 
your  claim  against  the  estate  of  —  (naming  the  de* 
ceased  insolvent  debtor)  now  under  considera¬ 
tion.  So  help  you  God,  (or  this  you  do  under  the 
pains  and  penalties  of  perjury.) 


XXIII. 

Advertisement  of  Commissioners. 

We,  the  subscribers,  having  been  appointed  by 
the  Hon.  —  Esq.  Judge  of  Probate  for  the  county 
of  — ,  to  receive  and  examine  the  claims  of  the  sev¬ 
eral  creditors  to  the  estate  of  C  D,  late  of  — ,  de¬ 
ceased,  represented  insolvent,  hereby  give  notice 
that  —  months  are  allowed  to  said  creditors  to  bring 
in  tfud  prove  their  claims  ;  and  that  we  shall  attend 
that  service  at  —  on  the  — ,  be. 

Dated,  foe. 

Note.  Six  months,  and  such  further  time,  as  may  be  deemed  nece&- 
sar  not  exceeding  eighteen  months  in  the  whole,  shall  be  ailowed  by 
the  judge  to  the  creditors  to  bring  in  and  prove  their  claims. 

I  0> 

I  A* 


N  VJ  u 


134 


PROBATE. 


XXIV. 

Commissioners ’  Return. 

To  the  Hon.  Judge  of  Probate  for  the  County  of 

We  the  subscribers,  having  been  appointed  by 
you  to  receive  and  examine  the  claims  of  the  sever¬ 
al  creditors  to  the  estate  of  C  D,  late  of  — ,  deceas¬ 
ed,  and  having  given  due  notice  of  the  same  to  the 
said  creditors,  have  attended  to  the  service  assigned 
us,  and  now  present  a  list  of  the  claims  which  have 
been  laid  before  us,  with  the  sums  we  have  allowed 
on  each  claim,  as  follows,  viz. 

A  B’s  allowed  $ 

C  D’s  allowed  - 

E  F's  allowed  - 


Amounting  in  the  whole  to  the  sum  of  $285  78 
Dated,  he. 

Note.  All  charges  incurred  in  settling  the  estate  are  to  be  settled  by 
the  Judge  ;  and  no  claim  can  properly  come  before  the  commissioners, 
except  such  as  existed  before  the  decease  of  the  person,  whose  estate  is. 
represented  insolvent.  Claims  for  debts  due  to  the  State,  arrears  of  tax¬ 
es,  doctors’  bills  and  other  charges  forattending  the  last  sickness  of  the 
deceased,  and  funeral  charges  belong  to  the  account  of  administration. 


XXV. 

JYotice  of  a  creditor  whose  claim  is  rejected. 

To  the  Hon.  Judge  of  Probate  for  he. 

I,  A  B,  of  — ,  hereby  give  notice  that  the  com¬ 
missioners  appointed  to  receive  and  examine  the 
claims  on  the  estate  of  C  D,  late  of  — ,  have  reject¬ 
ed  the  whole  (or  part,  viz.  —  dollars)  of  my  claim 
against  said  estate.  I  therefore  hereby  signify  my 
intention  to  bring  and  prosecute  an  action  for  said 
claim,  that  the  same  may  be  determined  according 
to  law.  A  B. 

Dated,  &c. 


PROBATE. 


135 


XXVI. 

Notice  of  dissatisfaction  with  a  claim ,  by  an  executor 

or  administrator . 

To  the  Hon.  Judge  of  Probate  for  he. 

I  hereby  give  notice  that  I  am  dissatisfied  with  the 
claim  ofE  F,  one  of  the  creditors  of-the  estate  ofC 
D,  late  of — ,  deceased,  as  allowed  by  the  commis¬ 
sioners  appointed  to  receive  and  examine  the  claims 
of  creditors  to  said  estate.  I  therefore  request  that 
the  same  may  be  struck  from  the  report  of  said  com¬ 
missioners,  unless  the  said  E  F  shall  prosecute  the 
same  according  to  law. 

Dated,  he.  A  B. 


XXVII. 

The  same  notice  to  a  Creditor. 

To  E  F,  one  of  the  creditors  to  the  estate  of  C 
D,  late  of  — ,  deceased. 

I  hereby  notify  you  that  I  am  dissatisfied  with 
your  claim  against  said  estate,  as  allowed  by  the 
commissioners  appointed  to  receive  and  examine 
the  claims  of  creditors  to  said  estate,  and  have  re¬ 
quested  the  Judge  of  Probate  to  strike  from  the  re¬ 
port  of  said  commissioners,  unless  you  prosecute  the 
same  according  to  law. 

Dated,  he.  A  B. 

Note.  Each  of  the  foregoing  notices  must  be  given  within  twenty 
days  after  the  commissioners  report. 


XXVIII. 

Note.  A  creditor  and  executor  or  administrator  may  agree  before 
the  Judge  to  submit  a  disputed  claim  to  referees,  and  the  Judge  may 
grant  a  rule  accordingly. 

Report  of  Referees. 

C — ,  ss.  A.  D.  18  .  Pursuant  to  the  within 

(annexed  or  foregoing)  rule  : 

We  the  referees  therein  named,  having  notified, 
met  and  fully  heard  the  parties,  respecting  the  claim 


136 


PROBATE. 


thereby  submitted  to  us,  and  duly  considered  the 
same,  are  of  opinion,  and  do  accordingly  report,  that 
there  is  due  to  the  said  A  B,  from  the  estate  of  the 
said  C  D,  deceased,  the  sum  of  —  dollars  (or  as  the 
case  may  be.) 

E  F,  G  H,  J  K. 


XXIX.  < 

Administrator's  or  Executor's  petition  for  license  to 

sell  Personal  F.state. 

To  the  Hon.  Judge  of  Probate  for  Sic. 

A  B,  administrator  (or  executor,  fyc.)  of  the  estate 
of  C  D,  late  of  — ,  in  said  county  — ,  deceased, 
respectfully  represents,  that  the  inventory  of  said 
estate  was  duly  returned  into  the  probate  office  for 
said  county,  within  tSiree  months  last  past  (or  for 
reasons  assigned  within  six  months  last  past)  :  that 
the  personal  estate  returned  in  said  inventory  was 
appraised  f» »r  more  than  its  true  value,  (dr,  that  cer¬ 
tain  articles  of  the  personal  estate ,  are  perishable  and 
are  losing  in  value):  He  therefore  requests  your 
honor  to  grant  him  license  to  s«ll  the  same,  pursu¬ 
ant  to  law  in  such  case  made  and  provided. 

AB. 

XXX. 

Widow's  petition  for  allowance  of  personal  estate. 

To  the  Hon.  Judge  of  Probate  for  &ic. 

A  B,  widow  ofC  D,  late  of  — ,  in  said  county 
— ,  deceased,  prays  your  honor  t<  alio  her,  out  ot 
the  personal  estate,  of  which  the  sa  d  .  U  died  pos¬ 
sessed,  her  wearing  apparel,  and  such  further  neces¬ 
saries,  as  in  your  discretion, you  may  judge  proper. 
(Hire  insert  any  particular  circumstances ,  such  as  the 
number  of  infant  children under  her  care ,  &*c.J 
Dated,  hi  A  B. 


PROBATE. 


137 


XXXI. 

Petition  for  license  to  sell  Lands. 

To  the  Hon.  Judge  of  Probate  for  the  county  of 
- — ,  ( or ,  To  the  Hon.  Justices  of  the  Supreme  Judi¬ 
cial  Court,  or,  Court  of  Common  Pleas.) 

A  B,  administrator  of  the  estate  of  C  D,  late  of 
— ,  in  said  county,  deceased,  respectfully  represents : 
That  the  personal  estate  of  said  deceased  is  insuffi¬ 
cient  to  pay  the  just  debts,  which  he  owed  at  the 
time  of  his  death,  by  the  sum  of — ,  as  by  a  certificate 
from  the  Register  of  Probate,  herewith  produced, 
will  appear. 

Your  petitioner  therefore  prays  that  your  Honor 
would  grant  (him)  license  to  sell  and  convey  so 
much  of  the  real  estate  of  said  deceased,  as  may  be 
necessary  for  the  payment  of  said  debts,  with  inci¬ 
dental  charges.  A  B. 


XXXII. 

Petition  for  license  to  sell  the  whole  of  the  real  es¬ 
tate,  when  by  a  partial  sale  the  remainder  would 
be  injured . 

To  the  Hon.  Judge  of  Probate  for  the  county  of — , 
(or  Justices  of  the  S.  J.  Court,  orC.  of  C.  Pleas.) 
A  B,  executor  of  the  last  will  and  testament  (or 
administrator  on  the  estate)  of  C  D,  late  of  — ,  de¬ 
ceased,  respectfully  represents,  that  the  personal 
property  belonging  to  the  estate  of  said  deceased, 
is  insufficient  to  pay  the  just  debts  which  said  de¬ 
ceased  owed  at  the  time  of  his  decease,  by  the  sum 
of  —  dols. :  that  the  whole  of  the  real  estate  of  said 
deceased  consists  of — »,  and  that  by  a  partial  sale 
the  residue  thereof  would  be  greatly  injured.  He 
therefore  requests  your  honor  to  grant  him  license 
to  sell  the  whole  of  the  said  — ,  agreeably  to  a  law 
in  such  cases  made  and  provided.  A  B. 

Dated,  he. 


12* 


138 


PROBATE. 


XXXIII. 

Application  for  license  to  sell  the  reversion  of  the 

uidoiv’s  dower. 

To  the  Hon.  Judge  of  Probate  for  the  county  of — . 

A  B,  executor  of  the  last  will  and  testament  (or 
administrator  on  the  estate)  of  C  D,  late  of  — ,  de¬ 
ceased,  respectfully  represents  that  the  claims  of 
creditors  on  said  estate,  (which  has  been  represented 
insolvent)  as  allowed  and  exhibited  by  the  Com¬ 
missioners  who  were  appointed  to  receive  and 
examine  the  same,  amount  to  more  than  the  personal 
estate  was  sufficient  to  pay;  that  he  has  petitioned 
the  —  Court,  and  obtained  license  to  sell  the  real 
estate  of  said  deceased,  consisting  of  — ,  except  the 
widow’s  dower  thereof ;  but  as  it  is  probable  that 
the  same  will  not  sell  for  a  sum  sufficient  to  pay  the 
whole  of  said  claims,  and  that  it  would  in  his  opin¬ 
ion  sell  for  a  higher  price,  ( or  be  more  for  the  in¬ 
terest  of  the  creditors,  he.)  if  the  reversion  of  the 
said  dower  were  sold  at  the  same  time.  He  therefore 
requests  your  honor  to  order  him  to  sell  the  same, 
according  to  law.  A  B. 

Dated,  he. 


XXXIV. 

Another ,  after  sale  of  the  real  estate. 

'  To  the  Hon.  Judge  of  Probate,  &c. 

A  B,  executor  of  the  last  will  and  testament  (or 
administrator  on  the  estate)  of  C  D,  late  of  — ,  de¬ 
ceased,  respectfully  represents  that  the  real  estate  of 
said  deceased,  except  the  widow’s  dower  thereof, 
has  been  sold,  for  payment  of  the  claims  on  said 
estate,  as  they  have  been  allowed  and  exhibited  by 
commissioners,  duly  appointed  to  receive  and  ex¬ 
amine  the  same ;  but  that  it  did  not  sell  for  suffi¬ 
cient  to  pay  said  claims  by  the  sum  of  — .  He 
therefore  requests  your  honor  to  order  him  to  sell 
the  reversion  of  the  said  dower  for  that  purpose, 
agreeably  to  law.  A  B. 

Dated,  &c. 


139 


PROBATE. 

XXXV. 

Petition  for  license  to  sell  the  real  estate  of  a  minor , 

( or  non  compos.) 

To  the  Hon.  Justices  of  the  S.  J.  Court,  next  to 
be  holden  at  — ,  in  and  for  the  county  of  — ,  on  — 
day  of — ,  18 — . 

A  B,  guardian  of  C  D,  a  minor,  and  son  of  E  F, 
late  0f — 9  deceased,  respectfully  represents,  that  the 
said  C  D  is  interested  in  the  real  estate  of  said  E  F, 
[here  describe  how  he  is  interested ,  what  the  estate  is, 
and  the  circumstances  attending  it,  fyc.)  and  that  there¬ 
fore  it  would  be  for  the  benefit  of  said  minor  (or  non 
compos)  that  his  said  interest  in  said  estate  should 
be  sold  and  the  proceeds  thereof  secured  to  him  on 
interest. 

Your  petitioner  therefore  requests  your  honors  to 
grant  him  license  to  make  sale  of  the  same,  agreea¬ 
bly  to  the  provisions  of  law. 

Dated,  &c.  A  B. 


XXXVI. 

Advertisement  for  the  sale  of  real  estate. 

To  be  sold  by  order  of  Court,  at  the  house  of  — , 
on  —  the  —  day  of  —  next,  at  —  o’clock  in  the 
—  noon,  —  being  ('part  of,  or)  the  real  estate  of  C 
D,  late  of  — ,  deceased,  ( or,  of  E  F,  a  minor)  or  so 
much  thereof  as  will  be  necessary  to  pay  the  just 
debts  of  said  — ,  (or  to  pay  for  the  support  and  le¬ 
gal  expenses  of  said  minor,  as  the  case  may  be)  with 
incidental  charges. 

}  guardian,  executor 
Dated,  &c.  >  or  administrator,  as 

)  the  case  may  be. 


XXXVII. 

Condition  of  Pond  by  an  administrator,  when  he 
sells  more  than  sufficient  to  pay  debts. 

(Obligation  as  in  Executor’s  Bond.) 

The  condition  of  the  above  written  obligation  is 
such*  that  whereas  the  above  bounden  — ,  as  adrnin- 


no 


PROBATE. 


istrat  of  the  estate  of  — ,  late  of  — ,  in  said  county 
of — ,  at  the  (Court)  holden  at  — ,  on  the  — ,  in  — 
last,  obtained  license  to  make  sale  of  —  [here  de¬ 
scribe  the  land  according  to  the  license — and  after - 
ivards  add ,  “  because  a  partial  sale  thereof  would 
greatly  injure  the  remainder.”] 

Now,  therefore,  if  the  said  —  shall,  in  all  things 
relating  to  such  sale,  govern  —  by  the  laws  of  said 
State ;  and  shall  observe  the  rules  and  directions  of 
the  law  for  the  sale  of  real  estates  by  executors  or 
administrators;  and*  moreover,  shall  well  and  truly 
apply  the  proceeds  of  such  sale  (or  so  much  thereof 
as  shall  be  necessary)  for  the  payment  of  the  debts 
of  said  deceased,  and  after  paying  legal  expenses 
and  incidental  charges,  shall  pay  the  balance  to  such 
person  or  persons,  as  may  be  entitled  to  receive  the 
same ;  and  thereof,  and  of  —  whole  proceedings  in 
the  premises,  shall  render  (upon  oath)  a  just  and 
true  account  to  the  Judge  of  Probate,  for  the  time 
being,  of  the  same  county ;  then  the  above  obliga¬ 
tion  to  be  void,  otherwise  to  remain  in  full  force  and 
virtue. 

Signed,  sealed  and  delivered,  ) 
in  presence  of  us.  ) 


XXXVIII. 

Claim  of  an  Appeal. 

STATE  OF  MAINE. 

C —  ss.  To  the  Hon.  Judge  of  Probate  for  the 
county  of  — .  Whereas  your  honor  did  on  the  — 
day  of  — ,  at  a  Probate  Court  held  at  — ,  order  and 
decree  that  *****  &c.  And  I,  A  B,  consider¬ 
ing  myself  aggrieved  at  the  said  order  and  decree, 
do  hereby  claim  an  appeal  from  the  same  to  the  Su¬ 
preme  Judicial  Court,  the  Supreme  Court  of  Pro¬ 
bate  for  the  State  aforesaid,  which  is  next  to  be  hol¬ 
den  at  — ,*  within  and  for  the  County  aforesaid,  on 
the  —  Tuesday  of  next. 

Dated,  &c.  A  B. 


PROBAfE. 


141 


XXXIX. 

Reasons  of  Appeal. 

A  B,  being  interested  in  the  estate  of  C  D,  late 
of — ,  deceased,  and  having  considered  himself  ag¬ 
grieved  at  the  order,  sentence  and  decree  of  the  Hon. 
Judge  of  Probate  for  the  said  county  of  — ,  made 
the  —  day  of  — ,  at  a  Probate  Court  held  at  — , 
upon,  viz.  *****  and  having  claimed  an  appeal 
from  the  said  order,  sentence  and  decree,  and  given 
bond  to  prosecute  the  same  as  the  law  directs,  now 
files  in  the  Probate  office  for  said  county  his  reasons 
of  appeal,  as  follows,  viz. 

1.  Because  ****** 

2.  Because  ****** 

Dated,  &c.  A  B. 

XL. 

BONDS. 

Bond  on  Appeal. 

(Obligation  the  same  as  in  Executor’s  bond.) 

The  condition  of  the  above  written  obligation  is 
such,  That  whereas  the  said  A  B,  being  interested  in 
the  estate  of  C  D,  late  of — ,  did  on  the  —  day  of 
— ,  from  the  order  and  decree  of  the  Judge  of  Pro¬ 
bate  aforesaid,  made  and  passed  at  a  Probate  Court, 
held  &zc.  claims  an  appeal  to  the  next  Supreme  Ju¬ 
dicial  Court,  the  Supreme  Court  of  Probate  which 
is  to  be  holden  at  — ,  within  and  for  the  county  of 
-  on  the  —  day  of  —  next. 

If  therefore  the  above  bounden  A  B,  shall  at  the 
said  Supreme  Court  of  Probate,  prosecute  said  ap¬ 
peal  with  effect,  and  pay  all  intervening  costs  and 
damages,  and  such  costs  as  the  said  Court  shall  tax 
against  him  ;  then  the  said  obligation  to  be  void  and 
of  no  effect,  otherwise  to  remain  in  full  force. 

Signed ,  sealed  and  delivered 
in  presence  of  us. 


142 


PROBATE 


XLI. 

OF  GUARDIANS,  ESTATES  OF  MINORS, 
NON  COMPOS  PERSONS,  &c. 

The  Judge  of  Probate  in  each  county  (in  this 
State)  is  empowered  to  allow  of  guardians,  chosen 
by  minors  of  fourteen  years  of  age,  and  to  appoint 
guardians  for  minors  under  that  age,  who  are  to 
give  bond  with  sufficient  sureties,  resident  in  this 
State,  for  the  faithful  discharge  of  their  trust,  to  re¬ 
turn  a  true  and  perfect  inventory  of  the  estate  of 
such  minor  upon  oath  within  three  months,  and  to 
account  either  with  the  Judge  or  minor  when  of  age, 
or  at  such  other  time  as  the  Judge  shall  direct.  If 
a  minor  above  the  age  of  fourteen,  neglects  or  refu¬ 
ses  to  choose  a  guardian,  or  chooses  one  unable  to 
give  bond  as  by  law  required,  or  is  without  the  State ; 
in  every  such  case  the  Judge  shall  appoint  a  guar¬ 
dian  as  though  such  minor  w'ere  under  the  age  of 
fourteen.  If  minors,  living  more  than  ten  miles  dis¬ 
tant  from  the  Probate  office,  choose  a  guardian,  they 
may  have  that  choice  certified  to  the  Judge  by  a  Jus¬ 
tice  of  the  Peace. 


XLII. 

Choice  of  guardian  by  a  minor  above  14  years,  be¬ 
fore  Judge. 

To  the  Hon.  Judge  of  Probate  for  &c. 

I,  A  B,  of — ,  in  said  county,  a  minor  above  The 
age  of  fourteen  years,  and  child  and  heir  of  D  E, 
late  of — ,  in  said  county  of  — ,  deceased,  make 
known  to  your  honor,  that  I  have,  and  do  hereby 
make  choice  of  G  H,  of  — ,  in  the  county  of  — ,  to 
be  my  guardian. 

Dated,  kc. 


A  B. 


t 


PROBATE. 


143 


XLIII. 

Choice  hy  same  "before  Justice  of  the  Peace. 

To  the  Hon.  Judge  of  Probate  for  Sic. 

I,  A  B,  of  — ,  in  said  county,  a  minor  above  the 
age  of  fourteen  years,  and  child  and  heir  ofD  E, 
late  of  — ,  in  said  county,  deceased,  make  known 
to  your  honor,  that  I  have,  and  do  hereby  make 
choice  of  G  H,  of — ,  in  the  county  of,  to  be  my 
guardian. 

Dated,  Sic.  AB. 

C — ,  ss.  On  this  —  day  of  — ,  in  the  year  Sic. 
the  above  named  minor,  who  lives  more  than  ten 
miles  distant  from  the  Probate  office  in  said  county, 
personally  appeared  before  me  and  made  choice  of 
the  said  G  H,  for  his  guardian. 

Justice  of  the  Peace. 

XLIV. 

Representation  respecting  a  non  compos. 

To  the  Hon.  —  Esq.  Judge  of  Probate  for  the 
county  of — . 

A  B,  of  — ,  would  represent  that  C  D,  of  — ,  is  — - 
and  incapable  to  take  care  of  self;  he  therefore 
requests  that  inquisition  thereof  be  made,  and  a 
guardian  appointed  for  the  said  C  D,  as  the  law  in 
such  case  directs. 

Dated,  Sic.  A  B. 


XLV. 

Selectmen's  return  to  the  order  of  the  Judge  on  the 
foregoing  application. 

Pursuant  to  the  foregoing  order,  we  have  notified 
the  said  C  D  to  be  present  before  us,  who  has  accor¬ 
dingly  attended  ;  and  after  due  examination  and 
inquiry,  we  do  adjudge  the  said  C  D  to  be  non  com¬ 
pos  mentis ,  and  incapable  to  take  care  of  self. 

S  Selectmen 
of  — . 


144 


PROBATE. 


XLVI. 


Complaint  of  the  Selectmen  against  an  intemperate 


person. 


To  the  Honorable  Judge  of  Probate  for  the  Coun¬ 
ty  of  — . 

Complain  —  Selectmen  of  the  town  of  — ,  that 
in  their  opinion,  C  D  of  said  town  does  by  (here  re 
cite  the  species  of  intemperance  or  dissipation)  so 
spend,  waste  and  lessen  —  estate,  as  thereby  to  ex¬ 
pose  • — self  to  want,  and  the  said  town  of  —  to  a 
charge  or  expense,  for  —  maintenance  and  support. 
They  therefore  request  that  your  honor  would  ap¬ 
point  some  person  or  persons  as  guardian  or  guar¬ 
dians  of  the  said  C  D. 


\men 


Dated  at,  &c. 


XLVII. 

Condition  of  a  guardian’s  Bond . 

(Obligation  as  in  Executoi’s  Bond.) 


The  condition  of  this  obligation  is  such,  that  if 
the  above  bound — ,  nominated  and  allowed  to  be 
guardian  unto  — ,  a  minor,  child  of  — ,  late  of  — , 
in  the  county  of  — ,  deceased,  shall  make  a  true  and 
perfect  inventory  of  all  the  real  estate,  "goods  and 
^battles,  rights  and  credits  of  the  said  minor,  if  any 
he  have,  and  the  same  do  return  into  the  probate 
office  for  said  county  within  three  months  from  the 
date  hereof ;  and  shall  faithfully  manage,  employ 
and  improve  the  same  for  said  minor’s  best  profit 
and  advantage  ;  shall  well  and  truly  perform  and 
discharge  the  trust  and  office  of  guardian  unto  the 
said  minor,  and  that  in  and  by  all  things  according 
to  law  ;  and  shall  render  a  plain  and  true  account 
of  (his)  said  guardianship  upon  oath,  and  all  and 
singular  such  estate  as  shall  come  to  (his)  hand 
and  possession  by  virtue  hereof,  and  of  the  profits 
and  improvements  of  the  same,  (when  he  shall  be 


PROBATE. 


145 


thereunto  lawfully  required)  and  shall  pay  and  de¬ 
liver  over  all  balances  and  sums  of  money,  that 
shall  be  found  remaining  upon  his  account,  (the 
same  being  first  examined  and  allowed  by  the  Judge 
of  Probate,  for  the  time  being)  to  the  said  minor ; 
and  shall  give  possession  of  all  other  estate,  that 
may  belong  to  said  minor,  when  he  shall  arrive  at 
full  age,  or  as  said  Judge,  by  his  decree  or  sentence, 
pursuant  to  law,  shall  order  and  direct  :  then  thte 
obligation  to  be  void,  otherwise  to  remain  in  full 
force  and  virtue. 

Signed,  sealed  and  delivered  | 
in  presence  of  us,  5 


XLVIII. 

Condition  of  d  guardian's  Bond  on  sale  of  a  mi¬ 
nor's  land. 

The  condition  of  the  above  written  obligation  is 
such,  that  whereas  the  above  bounden  — ,  in  —  capa¬ 
city  of  guardian  of  — ,  in  said  county  of — ,  minor, 
at  the  — ,  holden  at  — ,  on  —  in  —  last,  obtained  li¬ 
cense  to  make  sale  of  • —  the  real  estate  of  said  minor. 

Now,  therefore,  if  the  said  —  shall,  in  all  things 
relating  to  such  sale,  govern  --  by  the  laws  of  said 
state,  so  that  the  interest  of  said  minor  shall  be  se¬ 
cured  ;  and  shall  observe  the  rules  and  directions 
of  the  law  for  the  sale  of  real  estates  bv  executors 
or  administrators  ;  and,  moreover,  shall,  after  pay- 
ing  legal  expenses,  well  and  truly  apply,  put  out  on 
interest,  on  good  security,  and  dispose  of  the  pro¬ 
ceeds  of  such  sale  agreeably  to  the  rules  of  the  law; 
and  thereof,  and  of  —  whole  proceedings  in  the 
premises,  shall  render  upon  oath,  a  just  and  true  ac¬ 
count  to  the  Judge  of  Probate,  for  the  time  being, 
of  said  county,  when,  and  so  often  as  shall  be 
thereto  lawfully  required,  then  the  above  obligation  to 
be  void,  otherwise  to  remain  in  full  force  and  virtue. 

Signed,  sealed  and  delivered  > 
in  presence  of  us,  ) 

13 


< 


146  PROBATEt 

XLIX. 

Condition  of  a  Bond  of  guardianship  for  a  non 
compos ,  or  intemperate  person. 

The  condition  of  the  above  obligation  is  such, 
that  whereas  the  above  bound  —  having  been  on 
this  day  assigned  and  appointed  by  the  said  Judge, 
as  guardian  of  — ,  who  is  adjudged,  by  the  inquisi¬ 
tion  of  the  Selectmen  of  the  town  of  — ,  to  be  non 
compos,  (or  who  by  excessive  drinking,  he.  as  the 
case  may  be.) 

Now,  therefore,  if  the  said  —  shall,  and  do  well 
and  faithfully  take  care,  as  well  of  the  person  as  of 
the  estate,  both  real  and  personal,  of  the  said  — , 
and  make,  or  cause  to  be  made,  a  true  and  perfect 
inventory  of  the  said  estate,  and  the  same  do  return 
into  the  Probate  Office  for  the  said  county,  within 
three  months  from  the  date  hereof;  and  shall  im¬ 
prove  frugally,  and  without  waste  and  destruction, 
the  said  estate,  and  apply  the  annual  income  and 
profits  thereof,  for  the  comfortable  maintenance  and 
support  of  the  said  — ,  and  also  of  (his)  household 
or  family,  if  any  such  there  be :  and  shall  settle 
accounts,  receive,  and  if  need  be,  sue  for  and  re¬ 
cover  all  such  debts  as  are  due  to  the  said  — ,  from 
any  person  or  persons  whomsoever  :  and  shall  also 
pay  all  such  debts,  as  are  owing  by  the  said  — ,  out 
of  his  personal  estate,  or  in  case  that  be  not  suffi¬ 
cient,  then  out  of  his  real  estate,  having  first  ob¬ 
tained  license  pursuant  to  law  to  make  sale  thereof, 
or  of  such  part  thereof  as  may  be  sufficient  for  that 
purpose;  and  shall  render  a  plain  and  true  account 
of  his  guardianship,  when,  and  so  often  as  he  shall 
be  required  by  the  Judge  of  Probate  for  the  time 
being :  and  whenever  the  said  —  shall  cease  to  be 
guardian  as  aforesaid,  if  he  or  his  heirs,  executors, 
or  administrators,  shall  return  and  deliver  posses¬ 
sion  of  the  real  and  personal  estate  aforesaid,  or  the 
residue  and  remainder  thereof,  and  shall  pay  over 
any  sum  of  money,  or  balance  of  account,  which 


PROBATE. 


147 


may  be  in  his  or  their  hands,  to  him  the  said  — ,  or 
to  his  heirs,  executors,  or  administrators,  or  other¬ 
wise  as  the  Judge  of  Probate  for  the  time  being, 
may  by  his  decree  order  and  direct  5  and  shall  well 
and  truly  perform  and  discharge  the  trust  and  office 
of  guardian  aforesaid,  in  all  things  according  to 
law  ;  then  the  above  obligation  to  be  void,  other¬ 
wise  shall  abide  and  remain  in  full  force  and  virtue. 
Signed,  sealed  and  delivered,  ) 
in  presence  of  us,  5 

Note.  The  obligation  to  each  of  the  three  preceding  forms,  may 
be  the  same  as  in  Executor’s  bond,  page  118. 


L. 

A  SUMMARY  OF  THE  DUTIES  OF  EXECUTORS, 
ADMINISTRATORS  AND  GUARDIANS. 

Executors . 

Executors  are  to  see  that  the  deceased  be  decently 
buried,  as  their  own  judgment,  or  the  will  of  the 
testator,  may  direct. 

They  are  to  prove  the  will,  or  cause  the  same  to 
be  done,  within  thirty  days  after  the  testator’s  death  ; 
or  to  present  it  for  probate,  and  at  the  same  time  to 
signify  in  writing  their  refusal  to  accept  the  trust : 
and,  to  prevent  delay,  it  would  be  well  to  notify  the 
heirs,  and  all  who  are  interested  therein,  of  the  day 
fixed  on  for  presenting  it  : 

To  advertise  their  acceptance  of  the  trust  com¬ 
mitted  to  them,  demand  payment  of  debts  due  to 
the  deceased,  and  request  persons  having  demands 
against  the  estate  to  present  them  for  settlement, 
observing  all  due  diligence  in  collecting  and  dis¬ 
charging  the  same  : 

Within  three  months  to  return  into  the  Probate 
Office  a  true  inventory  of  all  the  estate  of  the  de¬ 
ceased.  which  may  come  into  their  hands,  or  into 
the  hands  of  others  for  them  ;  except  they  are  resi¬ 
duary  legatees,  when  they  are  to  give  bond  for  the 
payment  of  debts  and  legacies. 


148 


PROBATE. 


If  the  estate  be  not  sufficient  to  pay  the  just  debts 
of  the  deceased,  they  are  to  represent  the  same  to 
the  Judge 'of  Probate,  that  commissioners  may  be 
appointed,  &c  : 

To  keep  a  true  account  of  all  the  charges  incur¬ 
red  in  settling  the  estate,  and  of  all  debts  and  other 
personal  estate,  that  may  come  into  their  hands,  and 
to  render  the  same  to  the  Judge  of  Probate,  as 
their  letters  testamentary  shall  direct  : 

If  the  personal  estate  be  insufficient  to  pay  all 
the  just  debts  and  legacies  of  the  deceased,  to  peti¬ 
tion  the  Judge  of  the  Court  of  Probate  for  license 
to  sell  as  much  of  the  real  estate  as  may  be  neces¬ 
sary  for  that  purpose  : 

After  license  obtained,  to  give  public  notice  of 
the  sale  as  the  law  directs,  (first  taking  the  oath 
prescribed  by  law)  and  to  sell  the  estate  to  the  best 
advantage  : 

When  debts  are  paid  in,  to  pay  the  legatees,  and 
to  see  that  the  will  of  the  testator  in  all  respects  be 
faithfully  executed. 

If  however,  the  estate  be  insolvent,  after  payment 
of  taxes,  debts  due  to  the  State,  debts  incurred  for 
the  last  sickness  of  the  deceased,  and  necessary 
funeral  expenses,  the  residue  is,  (by  order  of  the 
Judge)  to  be  paid  to  the  remaining  creditors  indue 
proportion,  as  the  law  directs. 

Note.  If  there  be  any  estate  not  disposed  of  by  will,  it  is  to  be  ad¬ 
ministered  on,  as  of  the  estate  of  a  person  intestate. 


Administrators. 

Administration  of  the  estate  of  any  person  de¬ 
ceased,  is  (by  law)  to  be  granted  to  the  widow  or 
next  of  kin,  or  both,  if  the  Judge  think  fit,  within 
thirty  days  ;  if  they  refuse  or  neglect  to  take  upon 
themselves  that  trust,  being  cited  before  the  Judge 
for  that  purpose,  he  may  commit  administration  to 
one  or  more  of  the  principal  creditors  or  others,  as 
he  may  think  nt. 

V 


PROBATE. 


149 


After  giving  bond  for  the  faithful  discharge  of 
<their  trust,  they  are  to  give  public  notice  of  their 
acceptance  of  the  same,  he.  return  a  true  inventory, 
collect  and  pay  debts,  &c.  as  before  pointed  out  in 
the  duties  of  Executors;  or,  if  the  personal  estate 
be  insufficient  to  pay  all  the  just  debts,  to  petition 
the  Judge  for  license  to  sell  as  much  of  the  real 
estate  as  may  be  necessary  to  pay  the  same,  and 
incidental  charges. 

If  the  real  estate  be  such  that  a  partial  sale  would 
injure  the  remainder,  or  could  not  be  made  to  ad¬ 
vantage,  a  sale  of  the  whole  may  be  made,  by  order 
of  the  S.  J.  Court,  or  Court  of  C.  P.  on  petition 
made  to  them  for  that  purpose. 

They  are  also  to  render  an  account  of  charges, 
personal  estate,  he.  within  one  year  from  the  time 
of  their  administering. 

If  the  estate  be  insolvent,  the  residue,  after  pay¬ 
ment  of  taxes,  debts  due  to  the  State,  debts  incur¬ 
red  for  the  last  sickness  of  the  deceased,  and  neces¬ 
sary  funeral  expenses,  is  to  be  paid  to  the  creditors, 
in  due  proportion,  as  the  law  directs. 

Executors  and  administrators,  when  prepared  to 
exhibit  their  accounts  of  administration,  should  al¬ 
ways  notify  the  persons  interested  therein  to  be 
present,  in  Court,  at  the  examination  thereof ;  or, 
that  they  may  previously  examine  the  account  to  be 
exhibited,  and  certify  thereon  their  approbation  of 
it.  The  same  should  be  done  in  regard  to  cred- 
ereditors,  when  the  estate  is  insolvent. 

Administrators,  who  wish  not  to  account  with  the 
Judge  for  the  personal  estate  of  the  deceased,  ac¬ 
cording  to  appraisement,  should  give  notice  thereof 
when  they  return  the  inventory,  and  proceed  to 
obtain  an  order  for  the  sale  of  the  whole,  or  a  part 
thereof,  as  the  Judge  shall  direct.  The  heirs,  if 
they  think  the  personal  estate  appraised  too  low, 
should  represent  the  same  to  the  Judge,  and  request 
to  have  it  sold  at  auction,  or  otherwise,  as  will  best 
suit  the  interest  of  all  concerned. 

13* 


150 


PROBATE. 


Guardians  of  Minors , 

Are  to  give  bond  for  the  faithful  discharge  of 
their  trust,  and  to  take  care  of,  and  protect  the  es¬ 
tate  and  person  of  their  ward. 

They  are  to  render  an  account  of  their  guardian¬ 
ship,  and  of  their  ward’s  estate,  with  the  income 
thereof,  which  may  come  to  their  hands,  either  to 
the  Judge  of  Probate,  or  to  their  wards,  when  ar¬ 
rived  at  full  age  ;  or  at  such  other  time  as  the  Judge 
shall  direct. 

Guardians  of  Idiots ,  Lunatics ,  non  compos  and  dih - 

traded  persons , 

Are  to  give  bond  ( as  above,)  improve  frugally 
their  estate,  and  apply  the  annual  income  and  profits 
thereof  to  the  support  of  them  and  their  families  : 

To  settle  accounts,  receive,  sue  for  and  recover 
adjust  debts  due  to  them,  and  to  pay  all  just  debts 
contracted  by  them  before  their  distraction. 

They  are  to  manage,  improve  or  divide  the  real 
estate,  in  as  full  and  ample  a  manner  as  they  might 
do,  were  they  restored  to  the  use  of  their  reason. 

If  the  personal  estate  be  insufficient  to  pay  the 
debts,  or  if  the  income  or  improvement  of  the  per¬ 
sonal  and  real  estate  of  such  persons  be  insufficient 
to  support  them,  to  obtain  license  from  the  S.  J. 
Court,  or  Court  of  C.  P.  to  sell  real  estate  for  that 
purpose :  And  in  case  any  such  idiot,  &c.  be  re¬ 
stored  to  the  use  of  his  reason,  the  residue  and 
remainder  of  the  estate,  real  and  personal,  shall 
be  returned  to  him,  or  in  case  of  his  death  to  his 
heirs,  executors  or  administrators. 

Note.  No  important  alterations  have  been  made  in  the  Probate 
laws  of  Maine,  from  those  of  long  standing  in  Massachusetts;  it  is 
therefore  believed,  that  the  foregoing  forms  and  directions,  will  gene¬ 
rally  apply  to  the  proceedings  in  Probate  in  that  Commonwealth,  as 
•well  as  in  our  own  State. 


MERCANTILE. 


151 


MERCANTILE  PRECEDENTS. 


POWERS  OF  ATTORNEY. 

To  receive,  Interest . 

Know  all  men  by  these  presents,  that  I,  A  B,  of 
— ,  do  make,  constitute  and  appoint  C  D,  of  — ,  my 
true  and  lawful  attorney,  for  me  and  in  my  name, 
to  receive  the  interest*  —  the  stock  standing  in  my 
name,  in  the  Books  of  the  Commissioner  of  Loans 
for  the  State  of  —  ;  with  power  also  an  attorney 
or  attorneys  under  him  for  that  purpose  to  make  and 
substitute,  and  to  do  all  lawful  acts  requisite  for  ef¬ 
fecting  the  premises  ;  hereby  ratifying  and  confirm¬ 
ing  all  that  my  said  attorney,  or  his  substitute,  shall 
do  therein  by  virtue  hereof.  In  witness  &tc. 

*Note.  If  the  power  is  to  be  general,  the  words  “  now  due,  or  which 
may  hereafter  grow  due  upon,”  are  to  be  inserted  after  the  word  “  in¬ 
terest”  ;  if  not  general,  the  time  for,  or  to  which  the  interest  is  to  be  re.- 
ceived,  to  be  specially  expressed  after  the  word  “interest.” 

To  sell  and  transfer  Stock. 

Know,  &c.  that  I,  A  B,  of — ,  in  the  State  of  — , 
do  make,  constitute  and  appoint  C  D,  of  — ,  in  the 
State  of  — ,  my  true  and  lawful  attorney,  for  me 
and  in  my  name,  to  sell,  assign  and  transfer  (here 
name  the  sum)  Stock  standing  in  my  name,  in  the 
Books  of  the  Commissioner  of  Loans  for  the  State 
of  — ,  being  —  part  ( or  the  whole ,  as  the  case  may 
he)  of  stock  named  in  the  Certificate  No.  — ,  issued 
(here  insert  the  date)  by  said  Commissioner,  with 
power  also  an  attorney  or  attorneys  under  him,  for 
that  purpose,  to  make  and  substitute;  and  to  do  all 
lawful  acts  requisite  for  effecting  the  premises  ;  here¬ 
by  ratifying  and  confirming  all  that  my  said  attor¬ 
ney  or  his  substitute  shall  lawfully  do  by  virtue 
hereof.  In  witness  &c. 

Note.  The  Certificate  of  the  Stock  must  always  accompany  the  Pow¬ 
er  to  sell  and  transfer,  whether,  that  power  be  for  the  transfer  of  the 
whole  or  a  part ;  because  in  case  of  the  transfer  of  the  whole,  a  new 
Certificate  must  issue  to  the  purchaser,  and  in  the  transfer  of  a  part, 
two  Certificates  must  issue — one  to  the  purchaser  for  the  amount  of  his 
purchase,  the  other  to  the  original  holder  for  the  balance  remaining  in 
Isis  name. 


152 


Mercantile. 


To  transfer  Stock  and  to  receive  dividends. 

Know  he.  that  I,  A  B,  of  he.  have  constituted, 
made  and  appointed,  and  by  these  presents  do  con¬ 
stitute,  make  and  appoint  C  D,  of  he.  my  true  and 
lawful  attorney,  for  me  and  in  my  name,  to  sell,  as¬ 
sign  and  in  due  form  of  law  transfer  to  any  person, 
or  persons,  all  such  Funded  Debt  of  the  United 
States,  as  now  is,  or  hereafter  may  be,  in  my  name  on 
the  books  of  the  Loan  Offices,  or  of  the  Treasury  of 
the  United  States,  or  any  part  or  parts  of  such  Fun¬ 
ded  Debt ;  and  until  such  sale  and  transfer  for  me, 
and  in  my  name,  and  to  my  use,  to  recover  and  re¬ 
ceive  all  dividends  or  interest,  that  shall  accrue 
thereon,  and  give  receipts  therefor;  and  generally 
to  act  and  do  therein  as  fully  and  effectually  as  I 
myself  might  or  could  do,  if  present. 

In  witness  he. 

Note.  A  Notarial  Certificate  to  each  of  the  foregoing  powers  is  ie- 


Form  of  Proxy  to  vote  for  Directors  of  the  Bank 
of  the  United  States ,  as  required  by  act  of  Congress. 

Know  all  men  by  these  presents,  that  I,  A  B,  of 
— ,  in  the  State  of — ,  a  citizen  of  the  United  States, 
actually  resident  therein,  the  owner  of  ( here  insert 
the  number)  shares  in  the  capital  stock  of  the  Bank 
of  the  United  States,  and  the  owner  of  no  other 
shares  in  the  capital  stock  of  said  bank,  do  hereby 
constitute  and  appoint  C  D,  of  — ,  in  the  State  of 
- — ,  my  attorney  and  agent  for  me  and  in  my 
name,  as  the  owner  of  said  specified  shares  in  the 
capital  stock  of  said  bank,  to  vote  as  my  proxy,  at 
any  election  of  directors  of  said  bank  of  the  United 
States,  and  on  any  question  that  may  be  put  at  a 
stated  or  special  meeting  of  the  Stockholders  of  said 
bank,  according  to  the  number  of  votes  I  should  be 
entitled  to  vote,  if  then  personally  present. 

In  witness  whereof,  I  have  hereunto  set  my  hand 
and  seal  this  —  day  of — ,  in  the  year  of  our  Lord  hC. 

Sealed  and  delivered  > 
in  presence  of  us.  ) 


MERCANTILE. 


153 


1,  A  B,  of  — ,  in  the  State  of  — -,  a  citizen  of  the 
United  States,  actually  resident  therein,  do  solemnly 
(swear  or  affirm)  that  I  am  truly  and  in  good  faith* 
the  owner  of  the  shares  in  the  capital  stock  of  the 
Bank  of  the  United  States,  specified  in  the  within 
power  of  attorney,  and  of  no  other  shares ;  that  no 
other  person  has  any  interest  in  the  said  shares,  di¬ 
rectly  or  indirectly,  except  as  stated  in  the  said  pow¬ 
er  ;  and  that  no  other  power  has  been  given  to  any 
person,  which  is  now  in  force,  to  vote  for  me  at  any 
election  of  Directors  of  the  said  Bank. 

Be  it  known  that  on  this  —  day  of  — ,  in  the  year 
of  our  Lord,  &lc.  before  me  the  subscriber,  a  Notary 
Public  for  the  State  of  — ,  residing  in  — ,  personally 
appeared  the  aforesaid  ( deponent  or  affirmant ,)  and 
in  due  form  of  law  made  (oath  or  affirmation)  that 
the  foregoing  affidavit  by  him  subscribed  is  true. 

In  testimony  whereof,  I  have  hereunto  set  my  hand 
and  seal  the  day  and  year  last  above  written. 


To  receive  and  enter  goods  at  the  Custom  House . 

Know  all  men  by  these  presents,  that  I,  A  B,  of 
— ,  in  the  State  of  — ,  have  made,  constituted  and 
appointed,  and  by  these  presents  do  make,  consti¬ 
tute  and  appoint  C  D,  of  — ,  in  the  State  of  — ,  my 
true  and  lawful  attorney,  to  receive  and  enter  at  the 
custom-house  of  the  district  of  — ,  any  goods,  wares, 
and  merchandize,  imported  by  me,  or  which  may 
arrive  consigned  to  me;  to  sign  my  name  to,  seal 
and.deliver  for  me  and  as  my  act  and  deed,  any 
bond  or  bonds  which  may  be  required  by  the  col¬ 
lector  of  the  said  district,  for  securing  the  duties  on 
any  such  goods,  wares  and  merchandize ;  also  to 
sign  my  name  to,  seal  and  deliver,  for  me  as  my 
act  and  deed,  any  bond  or  bonds  requisite  for  ob¬ 
taining  the  debenture  on  any  goods,  wares  and 
merchandize,  to  be  exported  by  me.  And  generally, 
to  transact  all  business  at  the  custom-house,  in 
which  I  am  or  may  be  interested  or  concerned,  as 


154 


MERCANTILE. 


fully  as  I  could  if  personally  present.  And  1  here¬ 
by  declare  all  bonds  signed  and  executed  by  my 
said  attorney,  shall  be  as  obligatory  on  me  as  though 
signed  by  myself.  And  this  my  power  shall  remain 
in  full  force  until  revoked  by  written  notice  given 
to  the  said  collector. 

In  witness,  fyc. 


To  enter  goods  at  the  custom-house ,  by  a  particular 

vessel . 

Know  all  men  by  these  presents,  that  I,  A  B,  of 
— ,  have  made,  constituted,  and  appointed,  and  by 
these  presents  do  make,  constitute  and  appoint  C  D, 
of  — ,  in  the  State  of — ,  my  true  and  lawful  attor¬ 
ney,  to  receive  and  enter  at  the  custom-house  of  the 
district  of  — ,  any  goods,  wares  and  merchandize 
imported  by  me,  or  which  may  arrive  consigned  to 
me,  in  the  (here  name  the  vessel  or  vessels, and  captain  or 
captains,')  to  sign  my  name  to,  seal  and  deliver  for 
me,  and  as  my  act  and  deed,  any  bond  or  bonds, 
which  may  be  required  by  the  collector  of  said  dis¬ 
trict,  for  securing  the  duties  on  any  such  goods, 
wares  or  merchandize :  Also,  to  sign  my  name  to, 
seal  and  deliver  for  me,  as  my  act  and  deed,  any 
bond  or  bonds  requisite  for  obtaining  the  debenture 
on  any  such  goods,  wares  or  merchandize,  when  ex¬ 
ported  for  me,  or  in  my  name.  And  generally,  to 
transact  all  business  at  the  custom-house  in  reference 
to  this  importation  or  importations,  as  fully  as  I 
could,  if  personally  present.  And  I  hereby  declare 
that  all  bonds  signed  and  executed  by  my  said  at¬ 
torney,  shall  be  as  obligatory  on  me  as  though  sign¬ 
ed  by  myself,  with  power  also  an  attorney  or  attor¬ 
neys  under  him  for  that  purpose  to  make  and  sub¬ 
stitute;  and  to  do  all  lawful  acts  requisite  for  ef¬ 
fecting  the  premises,  hereby  ratifying  and  con¬ 
firming  all  that  he  the  said  attornev,  or  substitute  ov 
substitutes,  shall  do  therein  by  virtue  hereof. 

In  witness,  fyc.  *  - 


MERCANTILE.  155 

To  sell  the  materials  and  cargo  of  a  ship  that  was 

stranded. 

Know  all  men,  &lc.  That  I,  AB,  of,  he.  sole  own¬ 
er  of  the  ship  called  the  — ,  of  the  burthen  of  — 
tons,  or  thereabouts,  whereof  C  D  was  late  master, 
which  was  stranded  near  — ,  on  the  coast  of — ,  in 
her  late  voyage  from  — ,  have  made,  constituted  and 
appointed,  and  do  by  these  presents  make,  consti¬ 
tute  and  appoint  E  F  of  he.  my  true  and  lawful 
attorney,  for  me  and  in  my  name,  and  on  my  be¬ 
half,  and  to  and  for  my  benefit,  to  sell  and  dispose 
as  well  of  the  tackle  and  other  materials  belonging 
to  the  said  ship,  as  of  such  part  of  the  cargo  on 
board  her  which  was  saved  upon  her  being  stranded 
as  aforesaid,  at  and  for  the  best  price  that  can  be 
obtained  for  the  same  :  and  thereupon,  if  required 
to  seal  and  execute  a  bill  or  bids  of  sale,  or  other 
deeds  for  perfecting  and  confirming  the  sale  thereof, 
as  the  law  of  the  country  shall  require,  or  that  shall 
in  that  behalf  be  requisite  and  necessary.  And  upon 
receipt  of  the  money  for  which  the  said  premises  or 
any  part  thereof  shall  be  sold,  to  give  sufficient  re¬ 
ceipts  and  discharges  for  the  same  ;  and  to  do  all 
other  matters  and  things  in  said  premises  as  fully 
and  effectually  as  I  myself  could  do  if  present.  And 
I  do  hereby  ratify  and  confirm  all  that  my  said  at¬ 
torney  shall  lawfully  do  or  cause  to  be  done,  in 
the  said  premises  by  virtue  hereof. 

In  witness,  Sic. 


To  authorize  a  person  to  transact  and  manage  com¬ 
mercial  concerns. 

Know  all  men  by  these  presents,  that  I,  A  B,  of 
he.  have  made,  constituted  and  appointed,  and  do 
by  these  pre?«ents  make,  constitute  and  appoint  C  D 
of  — ,  to  be  my  true  and  lawful  attorney,  for  me  and 
in  my  name,  to  transact  all  business,  also' to  open  all 
letters  of  correspondence,  to  sign  and  answer  the 
same,  and  to  draw,  accept,  endorse,  and  pay  all  bills 
of  exchange  or  promissory  notes  ;  all  moneys  to  re 


156 


MERCANTILE. 


ceive  and  acquittances  for  the  same  to  give ;  and 
further  also  to  settle,  balance  and  arrange  all  books 
and  accounts  ;  and  generally  to  do  every  act,  mat¬ 
ter  and  thing,  as  the  nature  of  the  business  of  me, 
the  said  A  B,  may  or  shall  require.  And  I  do 
hereby  ratify  and  confirm  all  that  my  said  attor¬ 
ney  shall  legally  do  in  the  premises. 

In  witness,  he. 


From  the  Directors  of  an  Insurance  Company  to  sign 
•  Policies  of  Insurance ,  <^*c. 

Know,  he.  that  we,  A  B,  C  D  and  E  F,  of  he. 
three  Directors  of  the  —  Insurance  Company  of — , 
on  behalf  of  said  —  Insurance  Company,  being  du¬ 
ly  authorized  for  that  purpose,  have  made,  consti¬ 
tuted  and  appointed,  and  by  these  presents  do  make, 
constitute  and  appoint  G  H  of  — ,  to  be  our  true 
and  lawful  attorney,  in  the  name  and  on  the  behalf 
of  said  —  Insurance  Company,  to  underwrite  and 
sign  such  Policies  of  Insurance  against  loss  or  dam¬ 
age  by  fire  or  (here  describe  the  risks  to  be  taken  ;) 
and  for  him  the  said  G  H  to  regulate,  adjust,  settle 
and  pay  all  damages  which  may  unfortunately  hap¬ 
pen  by  (here  name  the  accidents  to  be  insured  against ) 
to  any  such  (insert  the  kinds  of  property  insured  ;) 
by  him  so  insured;  likewise  to  compound  and  agree 
by  arbitration  or  otherwise,  as  shall  be  expedient; 
also  if  necessary,  to  appear  in  any  Court  in  — ,  and 
to  answer  to  any  suit  in  which  said  Insurance  Com¬ 
pany  may  or  shall  be  any-wise  interested  or  con¬ 
cerned  ;  and  generally  for  the  said  Insurance  Com¬ 
pany,  to  transact  and  perform  all  and  every  other 
thing  or  act  whatsoever,  touching  and  concerning 
the  premises  above  mentioned,  as  fully  and  effectu¬ 
ally  to  all  intents  and  purposes  whatsoever,  as  we, 
the  said  A  B,  C  D  and  E  F,  might  or  could  do  if  per¬ 
sonally  present ;  hereby  promising  to  ratify  and 
confirm  whatsoever  the  said  G  H  shall  legally  do 
in  the  premises  by  virtue  hereof.  In  witness,  &c* 


MERCANTILE. 


1 57 


To  receive  debts ,  §'C. 

Irrevocable,  for  me  and  in  my  name,  and  to  my 
use  (or  but  to  the  use  of  the  said  C  D,)  to  ask,  de¬ 
mand,  sue  for  and  recover  of  E  F,  of  &c.  all  and 
every  such  sum  and  sums  of  money,  debts  and  de¬ 
mands  whatsoever,  which  are  now  due  and  owing 
to  me,  the  said  A  B,  by  and  from  the  said  E  F,  and 
in  default  thereof,  to  use  ail  lawful  means  in  my 
name  or  otherwise,  to  receive  the  same  by  attach¬ 
ment,  arrest  or  otherwise,  and  to  compound  for  the 
same  ;  and  on  receipt  thereof,  or  any  part  thereof, 
discharges  or  receipts  for  the  same,  for  me  and  in 
my  name  to  make  and  deliver  ;  and  generally  to  do 
all  lawful  acts  whatsoever  touching  the  premises,  as 
fully  as  I  myself  might  or  could  if  present  ;  and 
also  attorney  or  attorneys  under  him  to  make  and 
substitute,  and  revoke  at  pleasure,  hereby  ratifying 
and  confirming  whatsoever  my  said  attorney  shall 
legally  do  or  cause  to  be  done,  touching  the  prem¬ 
ises  by  virtue  hereof. 

In  witness,  Sic. 

To  sell  real  estate ,  and  transact  business  in  general . 

Know,  &c.  that  I,  A  B,  of  — ,  have  constituted, 
made  and  appointed,  and  by  these  presents,  do  con¬ 
stitute,  make  and  appoint  C  D,  of  — ,  ray  true  and 
lawful  attorney  for  me  and  in  my  name,  to  ask,  de¬ 
mand,  sue  for,  recover  and  receive  of  and  from  all 
and  every  person  and  persons  whatsoever,  all  and 
every  sum  and  sums  due,  or  that  may  become  due, 
to  me  on  any  and  every  account  ;  to  give  receipts 
and  acquittances  for  the  same,  or  at  his  discretion 
to  compound,  compromise  and  agree  for  the  same, 
and  give  discharges  ;  and  also  for  me  and  in  my 
name  to  sign  any  bond,  obligation,  contract  or 
agreement  whatsoever,  to  draw  and  endorse  prom¬ 
issory  notes  and  the  same  to  renew,  to  draw  upon 
any  bank  or  banks,  individual  or  individuals,  for 
any  sum  of  money  that  may  be  to  my  credit,  or 

14 


158 


MERCANTILE. 


which  I  may  be  entitled  to  receive,  and  the  same  to 
deposit  in  any  other  bank,  again  at  his  pleasure  to 
draw  for,  from  time  to  time,  as  myself  might  or 
could  do,  and  also  for  me  and  in  my  name  to  sell 
any  part  or  parts  of  my  real  estate  which  1  am  en¬ 
titled  to  in  my  own  right  or  in  common  with  others, 
or  howsoever  I  may  be  entitled  to  the  same,  and  to 
make  all  necessary  deeds,  conveyances  and  assur¬ 
ances  ;  and  also  for  me  and  in  my  name  to  do  all 
such  other  acts,  matters  and  things  in  relation  to 
my  property,  estate,  affairs  and  business  of  every 
kind,  as  I  myself  might  or  could  do  if  personally 
present,  it  being  my  intention  bj?  this  letter  of  at¬ 
torney  to  commit  to  the  said  C  D,  the  entire  man¬ 
agement,  care  and  disposition  of  my  property  and 
affairs,  as  fully  and  absolutely  as  I  have  now  the 
management,  care  and  disposition  of  them. 

In  witness,  Sic. 


To  receive  a  Legacy. 

Of  and  from  A  13,  of  &c.  executor  of  the  last 
will  and  testament  of  C  D,  late  of  Sic.  and  of  all 
and  every  other  person  and  persons  whatsoever 
whom  it  doth,  shall  or  may  concern,  all  that  legacy 
of  —  dollars  given  and  payable  to  me,  the  said  A 
B,  in  and  by  the  last  will  and  testament  of  the  said 
C  D,  deceased,  bearing  date  &c.  and  all  other  sum 
and  sums  of  money,  due  and  payable  for  and  in 
respect  of  the  said  legacy  ;  and  upon  receipt  there¬ 
of,  in  my  behalf  to  sigu  and  give  an  acquittance 
therefor  in  full, 
in  witness,  Sic. 


ASS1GNMEMTS. 

Assignment  of  Stock ,  and  power  to  transfer. 

Know,  Sic.  that  I,  A  B,  of  Sic.  for  value  received, 
have  and  hereby  do  grant,  bargain,  sell,  assign^ 


MERCANTILE. 


159 


transfer  and  set  over  to  C  D,  of  he.  (sharps  in  the 
capital  stock  of  — ,  or  of  —  dollars  of  —  per  cent, 
stock  of  the  United  States)  belonging  to  me,  and 
standing  in  my  name  on  the  Books  of  (the  said 
Bank ,  or  on  the  Books  of  the  Commissioner  of 

Loans  for  the  State  of -  ;)  and  1  do  hereby 

constitute  and  appoint  the  said  C  D,  my  true  and 
lawful  attorney,  irrevocable,  to  assign,  and  in  due 
form  of  law  transfer  the  said  stock  to  himself,  or 
to  any  other  person  or  persons,  and  until  such  sale 
and  transfer,  to  receive  and  give  receipts  for  all 
dividends  due  or  to  grow  due  thereon  ;  with  power 
also  an  attorney  or  attorneys  under  him  for  such 
purposes,  to  make  and  substitute ;  and  to  do  all 
other  lawful  acts  requisite  for  effecting  the  premis¬ 
es  ;  hereby  ratifying  and  confirming  all  that  my 
said  attorney  or  substitute  shall  do  therein  by  vir¬ 
tue  hereof. 

In  witness,  &;c. 


Hypothecation  of  Stock  to  a  Bank  on  obtaining  a 

discount ,  as  collateral  security  of  its  payment. 

Know  all  men  by  these  presents,  that  I,  A  B,  of 

— ,  have  this  day  passed  my  promissory  note  for 

the  sum  of  —  dollars  payable  to  the  order  of  G 

D,  cashier  of  (here  insert  the  name  of  the  Bank) 

—  days  after  date,  for  value  received,  to  the  said 

Bank,  for  which  I,  the  said  A  B,  have  received  the 

full  value,  deducting  the  legal  discount  thereon,  and 

as  collateral  security  for  the  due  payment  of  the 

said  sum  of  —  dollars  —  days  after  the  date  there- 

%/ 

of,  or  within  three  day’s  grace  usually  allowed  for 
payment  thereof,  have  deposited  with  the  said 
cashier  (here  insert  the  particular  description  of  the 
stock  intended l  to  be  pledged.)  Now  know  ye,  that 
in  consideration  of  the  premises  and  for  value  re¬ 
ceived,  if  the  said  promissory  note,  for  the  said 
sum  of  —  dollars  shall  not  be  duly  paid  by  the  said 
A  B,  as  the  same  shall  become  due  and  payable, 


160 


MERCANTILE. 


that  I,  the  said  A  B,  do  hereby  authorize  and  em¬ 
power  the  said  C  D,  cashier  of  the  said  Bank  or 
his  successor  in  office,  irrevocable,  to  sell,  assign, 
and  in  due  form  of  law  transfer,  to  any  person  or 
persons  the  said  (here  recite  the  stock  pledged.)  or 
so  much  thereof  as  shall  be  necessary  fully  to  pay 
and  discharge  the  said  sum  of  —  dollars,  with  any 
interest,  cost,  or  charges  that  may  be  due  thereon, 
hereby  ratifying  and  confirming  all  and  whatsoever 
liiv  said  attorney  may  lawfully  do  bv  virtue  of  these 
presents. 

In  witness  whereof, &c. 


Assignment  of  effects  in  trust  to  pay  creditors. 

Th  is  Indenture  made  the  —  day  of  — ,  in  the 
year  one  thousand  eight  hundred  and  — ,  between  A 
B,  of  he.  of  the  one  part,  and  C  D,  of  &c.  of  the 
other  part :  whereas  the  said  A  B,  is  indebted  to 
divers  persons  in  different  sums  of  money,  and  is 
desirous  of  appropriating  his  effects  to  the  payment 
of  the  same  :  Now  this  Indenture  witnesses,  that 
the  said  A  B,  for  and  in  consideration  of  the  said 
debts,  and  also  in  consideration  of  the  sum  of  one 
dollar  to  him  in  hand  paid  by  the  said  C  D,  the  re¬ 
ceipt  whereof  is  hereby  acknowledged,  has  granted, 
assigned,  bargained  and  sold,  aliened,  released  and 
confirmed,  and  by  these  presents  does  grant,  he.  un¬ 
to  the  said  C  D,  his  heirs,  executors,  administrators 
and  assigns,  all  goods,  chattels,  book  accounts, 
stock,  debts,  effects  and  all  other  property  to  him 
belonging,  as  will  more  fully  appear  from  the  sche¬ 
dule  hereunto  annexed  :  To  have  and  to  hold  the 
same  and  every  part  thereof  to  the  said  C  D,  his 
heirs,  executors,  administrators  and  assigns,  forever  ; 
in  trust  nevertheless,  and  to  the  only  uses,  intents 
and  purposes  following,  that  is  to  say,  after  paying 
and  discharging  the  expenses  incident  to  this  trust ; 
then,  first,  to  pay  and  satisfy  to  (here  give  the  names 
of  the  several  creditors ,  places  of  abode,  and  amounts 


MERCANTILE. 


161 


due  them,)  if  the  estate  and  effects  hereby  assigned 
be  sufficient  to  pay  the  same  in  full,  and  rateably 
and  proportionably,  if  the  estate  and  e  ffects  hereby 
assigned  be  insufficient  to  pay  the  whole  thereof: 
Secondly,  should  any  surplus  remain  after  payment 
of  the  several  debts  aforesaid,  to  return  the  said 
surplus  to  the  said  A  B,  his  heirs,  executors,  ad¬ 
ministrators  and  assigns ;  and  the  said  A  B  does 
hereby  nominate  and  appoint  the  said  C  D,  his  true 
and  lawful  attorney,  irrevocable,  to  ask,  demand,  sue 
for,  lew,  recover  and  receive  all  sum  or  sums  of  mo- 
ney  to  him  due  and  owing,  and  on  receipt  thereof  in 
whole  or  in  part  to  give  acquittances  ;  to  execute 
and  make  compromises,  or  other  arrangements  that 
the  said  attorney  may  think  beneficial  to  this  trust, 
hereby  ratifying  all  that  the  said  attorney  shall  le¬ 
gally  do  by  virtue  of  these  presents. 

In  witness,  &c. 


An  assignment  of  a  debt  as  security,  with,  power  of 

Attorney. 

Know  all  men  by  these  presents  that  I,  A  B,  of 
— ,  gentleman,  in  consideration  of  —  dollars  now 
due  by  me  to  C  D,  of — ,  trader,  and  for  the  better 
securing  the  payment  of  the  same  to  the  said  C  D, 
have  granted,  assigned  and  transferred,  and  by  these 
presents  do  grant,  assign  and  transfer,  all  that  sum 
of  money  now  owing  to  me  from  E  F,  for  &c.  before 
the  day  of  the  date  hereof,  and  all  my  right,  interest 
and  demand,  in  and  to  the  said  sum  of  money,  and 
every  or  any  part  thereof.  To  hold  to  the  said  C 
D,  his  executors,  administrators  and  assigns,  to  his 
and  their  use  forever  ;  nevertheless,  under  the  con¬ 
dition  hereinafter  mentioned.  And  I  do  hereby  con¬ 
stitute  and  appoint  the  said  C  D,  my  attorney  irre¬ 
vocable,  in  my  name,  but  at  the  charges  of  the  said 
C  D,  and  to  his  own  use,  to  demand,  sue  for,  recov¬ 
er,  levy,  receive,  release  and  discharge  the  said  debt, 
and  every  or  any  part  thereof;  and  generally  in  mv 

14* 


1 


162  MERCANTILE. 

name,  or  in  the  name  of  my  executors  and  adminis¬ 
trators,  to  make,  do,  and  perform  all  and  every  such 
further  and  other  acts,  matters  and  things  touching 
the  premises,  as  to  the  said  C  D,  his  executors  or 
administrators,  shall  seem  requisite,  as  effectually  as 
I  or  my  executors  or  administrators,  might  have 
done;  hereby  ratifying  and  confirming  whatever  he 
or  they  may  or  shall  lawfully  do,  or  cause  to  be 
done,  in  or  about  the  premises.  And  I  do  hereby 
covenant  and  agree  to  and  with  the  said  C  D,  his 
executors  and  administrators,  that  I  have  not  done 
or  suffered,  and  will  not  do  or  suffer,  any  act,  mat¬ 
ter  or  thing,  whereby  the  said  C  D,  his  executors 
or  administrators,  may  be  hindered  from  recovering 
or  receiving  the  said  debt  hereby  assigned,  or  any 
part  thereof,  or  any  satisfaction  therefor.  And  furth¬ 
er,  that  I,  my  executors,  and  administrators,  shall 
and  will  at  all  times  hereafter,  at  the  request  and 
charges  of  the  said  C  D,  make,  do,  and  execute  all 
such  further  and  other  acts  and  deeds,  as  shall  be 
reasonably  required  for  the  proving  of  the  said  debt, 
and  the  more  effectually  enabling  him  or  them  to 
recover,  receive  and  enjoy  the  same,  according  to 
the  true  meaning  and  intent  of  these  presents.  Pro¬ 
vided  always,  that  if  1,  the  said  A  B,  my  executors 
or  administrators,  shall  pay  or  cause  to  be  paid,  to 
the  said  C  D,  his  executors,  administrators  or  as¬ 
signs,  the  said  sum  of  —  due  to  him  as  aforesaid, 
within  —  months  from  the  date  hereof,  then  this 
assignment,  and  every  matter  and  thing  herein  con¬ 
tained,  shall  be  void  to  all  intents  and  purposes 
whatsoever. 

In  witness,  &ic. 


Assignment  of  a  Bill  of  Sale  of  part  of  a  Ship ,  by 

endorsement. 

Know,  &ic.  that  I,  the  within  named  A  B,  for  and 
in  consideration  of  the  sum  of —  dollars,  to  me  paid 
by  C  D,  of  &c.  the  receipt  whereof  I  do  hereby  ac- 


MERCANTILE. 


163 


knowledge,  have  granted,  sold,  assigned  and  releas¬ 
ed,  and  by  these  presents  do  grant,  &c.  to  the  said 
C  D,  the  within  bill  of  sale,  and  one  full  and  equal 
—  part  of  the  within  mentioned  ship  called  the  — , 
to  me  belonging,  and  of  all  her  masts,  sails,  yards, 
anchors,  cables,  furniture  and  appurtenances  as 
within  expressed,  to  her  belonging.  To  have  and 
to  hold  the  within  bill  of  sale  and  —  part  of  the 
said  ship,  with  the  appurtenances  before  expressed, 
to  the  said  C  D,  his  executors,  he.  to  his  and  their 
own  proper  use  and  behoof  forever.  And  I,  the 
said  A  B,  for  myself,  he.  do  covenant  and  agree  to 
and  with  the  said  C  D,  his  &c.  that  I  have  good 
right  to  sell,  assign  and  release  the  aforementioned 
premises,  and  that  the  same  are  free  from  all  incum¬ 
brance.  In  witness ,  fyc. 

BILLS  OF  SALE. 

A  Bill  of  Sale  is  a  solemn  contract  under  seal, 
whereby  a  man  passes  the  right  or  interest  that  he 
hath  in  goods  and  chatties.  If  a  man  sells  goods 
by  deed  under  seal,  duly  executed,  this  alters  the 
property  between  the  parties,  though  there  be  no 
consideration,  or  no  delivery  of  possession. 

Jac.  Law  Diet. 

But  there  must  be  a  consideration  and  delivery  in 
order  to  make  the  transfer  good  against  a  creditor 
of  him  who  made  it. 

A  common  bill,  not  under  seal,  is  also  good  a- 
gainst  the  maker;  but  will  not  exclude  proof  of 
fraud  in  the  purchase. 

Dill  of  Sale  of  goods  as  collateral  security ,  with  a 

recital. 

Whereas  C  D,  of,  he.  did  on  the  — *  day  of  — , 
become  surety  ( or  endorser,  as  the  case  may  be,)  in  a 
certain  note  of  hand,  wherein  I,  the  underwritten  A 
B,  was  principal,  ( or  promissor,  as  the  case  may  be ,) 
dated  at  — ,  the  —  day  of — ,  for  the  sum  of  — ,  paya¬ 
ble  in —  months,  with  interest,  toE  F,  of&c.  or  order, 


164 


MERCANTILE. 


and  has  thereby  become,  in  my  default,  accountable 
to  pay  said  sum  of  — ,  to  the  said  E  F,  or  order  : 
Now  know  ye,  that  I,  A  B,  of  &c.  for  and  in  con¬ 
sideration  of  the  above  recited  liability  of  the  said 
C  D,  to  pay  said  sum  of  — ,  which  I  hereby  ac¬ 
knowledge,  have  bargained,  sold,  conveyed  and  de¬ 
livered,  and  do  by  these  presents  bargain,  sell,  con¬ 
vey  and  deliver,  to  the  said  C  D,  (here  recite  the 
goods)  now  in  my  store,*  (or  elsewhere ,  as  the  case 
may  be  :)  To  have  and  to  hold,  all  and  singular  the 
said  bargained  premises,  to  the  said  C  D,  his  exec¬ 
utors,  administrators  and  assigns,  to  his  and  their 
proper  use  and  behoof  forever.  And  I,  the  said 
A  B,  for  myself,  my  executors,  administrators  and 
assigns,  the  said  bargained  premises,  to  the  said 
C  D,  his  executors,  administrators  and  assigns, 
against  all  persons,  do  and  will  warrant  and 
defend,  by  these  presents;  nevertheless,  if  I,  the 
said  A  B,  shall  pay  or  cause  to  be  paid,  the  a- 
foresaid  sum  and  interest,  to  the  said  E  F,  or  order, 
all  and  every  part  thereof,  without  injury  to  the 
said  boundeji  C  D,  then  this  bill  of  sale  shall  be 
null  and  void,  and  of  no  effect.  In  witness ,  fyc. 

*  In  case  the  goods  should  remain  in  possession  of  the  person  giving 
the  bill  of  sale,  and  another  should  attempt  an  attachment  of  the  same, 
as  his  property,  it  would  be  necessary  that  the  officer  should  have  due 
notice  of  the  transfer ;  otherwise  a  doubt  might  arise  as  to  the  legal 
ownership  of  the  goods  so  conveyed. 

Bill  of  Sale  of  Goods. 

Know  all  men  by  these  presents,  that  I,  A  B,  of 
&c.  for  and  in  consideration  of  the  sum  of  — ,  to  me 
in  hand,  paid  by  C  D,  of  he.  the  receipt  whereof  T 
do  hereby  acknowledge,  have  bargained,  sold  and 
delivered,  and  do  by  these  presents,  bargain,  sell 
and  deliver,  to  the  said  G  D,  (here  recite  the  articles.) 
To  have  and  to  hold  the  said  bargained  premises  to 
the  said  C  D,  his  executors,  administrators  and  as¬ 
signs,  to  his  and  their  proper  use  and  behoof  for¬ 
ever.  And  I,  the  said  A  B,  for  myself,  mv  execu¬ 
tors  and  administrators,  the  said  bargained  nremi'se 


MERCANTILE. 


165 


es,  to  the  said  C  D,  his  executors,  administrators 
and  assigns,  against  all  persons,  shall  and  will  war¬ 
rant  and  defend,  by  these  presents. 

In  witness ,  $*c. 

For  m  of  endorsing  Livery  and  Seizin  on  the  forego¬ 
ing  Bills  of  Sale. 

Memorandum,  the  day  and  year  first  within  writ¬ 
ten  possession  o t  the  goods,  &c.  by  the  within  writ¬ 
ten  deed,  bargained  and  sold,  was  delivered  by  the 
said  A  B  to  the  said  C  D,  by  giving  and  delivering 
to  the  said  C  D  [ one  silver  spoon ,]  in  the  name  of 
the  whole  goods  and  premises  sold,  in  presence  of  us. 


BILLS  OF  SALE  OF  SHIPS. 

When  any  ship  or  vessel  of  the  United  States 
which  shall  have  been  registered,  shall  in  whole  or 
in  part  be  sold  or  transferred  to  a  citizen  or  citizens 
of  the  U.  States,  there  shall  in  every  such  case  of  sale 
or  transfer,  be  some  instrument  of  writing  in  the 
nature  of  a  Bill  of  Sale,  which  shall  recite  at 
length  the  certificate  of  Registry,  otherwise  the 
said  ship  or  vessel  shall  be  incapable  of  being  reg¬ 
istered  anew.  Montefiore. 


Bill  of  Sale  of  a  Registered  Vessel. 

Know  all  men  by  these  presents,  that  I,  A  B,  of 
&c.  for  and  in  consideration  of  the  sum  of  — ,  to 
me  in  hand  well  and  truly  paid  at  or  before  the  de¬ 
livery  of  these  presents,  by  C  D,  of  he.  the  re¬ 
ceipt  whereof  is  hereby  acknowledged,  have  and 
by  these  presents  do  grant,  bargain,  sell,  assign, 
transfer,  and  set  over  to  the  said  C  D,  his  exe¬ 
cutors,  administrators  and  assigns  forever,  all  that 
good  ship  or  vessel  called  the  — ,  of  the  burthen  of 
—  tons  or  thereabouts,  now  lying  in  — ,  togeth¬ 
er  with  all  and  singular  her  masts,  yards,  sails, 
rigging,  anchors,  cables,  boats,  tackle,  apparel, 


166 


MERCANTILE. 


and  appurtenances.  Which  said  vessel  is  registered 
in  the  port  of  — ,  in  the  words  following,to  wit ;  ( here 
recitp  the,  Registry.)  To  have  and  to  hold  the  said 
— ,  and  all  other  the  above  bargained  premises,  to 
the  said  C  D,  his  executors,  administrators  and  as¬ 
signs  forever.  And  I,  the  said  A  B,  for  myself,  my 
heirs,  executors  and  administrators,  do  hereby  cov¬ 
enant  and  agree  to  and  with  the  said  C  D,  his  heirs, 
executors,  administrators  and  assigns,  that  I,  the 
said  A  B,  at  the  execution  of  these  presents,  am  the 
true  and  lawful  owner  of  the  said  ship  or  vessel  called 
the  — ,  and  appurtenances,  and  that  I  have  good 
right  and  full  authority  to  sell  and  dispose  of  the 
same,  free  of  all  incumbrances  and  demands  what¬ 
soever.  In  witness,  &lc. 

Signed,  Sealed  and  delivered  > 
in  presence  of  us.  $ 


Bill  of  sale  of  a  vessel  employed  in  the  coasting  trade. 

[As  in  the  preceding  one,  except  in  lieu  of  the 
Registry,  recite  the  Enrolment.] 


BONDS. 

Bond,  of  indemnity  to  the  United  States ,  to  obtain 
the  renewal  of  a  certificate  of  Stock ,  lost  or  destroyed. 

Know  all  men  by  these  presents, that  we — ,  are  held 
and  firmly  bound  unto  the  United  States  of  Ameri¬ 
ca  in  the  penal  sum  of  —  dollars,  to  which  payment 
well  and  truly  to  be  made  and  done,  we  bind  our¬ 
selves,  our  heirs,  executors  and  administrators,  joint¬ 
ly  and  severally,  firmly  by  these  presents,  sealed 
with  our  seals,  and  dated  this  —  day  of  — ,  Anno 
Do  mini  one  thousand  eight  hundred  and  — . 

Whereas  Certificate  No.  — ,  for  —  dollars,  L.  D. 
Six  per  cent  Stock ,  issued  by  the  Commissioner  of 
Loans  for  the  State  of  — ,  in  favor  of  — ,  has  been 
lost  or  destroyed,  and  the  renewal  having  been  con- 


MERCANTILE. 


167 


seated  to,  upon  the  forms  and  regulations  of  the 
Treasury  heretofore  established  in  such  cases,  being 
complied  with  :  Now  therefore  the  condition  of  the 
above  obligation  is  such,  that  if  the  said  — ,  their 
heirs,  executors  and  administrators,  shall  indemnify 
and  save  harmless  the  said  United  States,  of  and 
from  all  claims  and  demands  of  whatsoever  nature, 
which  may  be  preferred  on  account  of  the  certificate 
so  permitted  to  be  renewed,  then  this  obligation  to 
be  void,  otherwise  to  be  and  remain  in  full  force 
and  virtue. 

Sealed  and  delivered  1 
in  presence  of  us.  ) 


Bond  to  deliver  up  a  note  lost  when  found,  and  in¬ 
demnify  in  the  mean  time  upon  payment  upon  it. 

Whereas  the  above  named  A  B,  gave  a  bill  or 
note  under  his  hand,  dated  &c.  for  the  sum  of  — , 
payable  to  C  D,  which  said  bill  or  note  was  deliv¬ 
ered  to  the  above  bound  E  F,  but  is  since  lost  or 
mislaid.  And  whereas  the  said  A  B,  has  at  or  be¬ 
fore  the  ensealing  and  delivery,  paid  unto  the  said 
E  F,  the  said  sum  of  —  due  and  payable  on  said 
bill  or  note,  notwithstanding  the  said  bill  or  note 
cannot  be  found  to  be  delivered  up,  the  receipt  of 
which  said  sum  the  said  E  F  does  hereby  acknowl¬ 
edge,  and  of  and  from  the  same  and  every  part 
thereof,  do  acquit  and  discharge  the  said  A  B,  his 
executors  and  administrators  forever  by  these  pres¬ 
ents.  Now,  the  condition  of  this  obligation  is 
such,  that  if  the  said  E  F,  his  heirs,  executors 
and  administrators,  do  and  shall  deliver  up  the  said 
note,  when  it  shall  be  found,  to  be  cancelled,  and 
until  the  same  shall  be  so  delivered  up  and  cancel¬ 
led,  save  and  keep  harmless  and  indemnified,  the 
said  A  B,  his  heirs,  executors  and  administrators, 
and  his  and  their  and  every  of  his  and  their  lands, 
tenements,  goods,  and  chattels,  of  and  from  the  said 


168 


MERCANTILE. 


bill  or  note,  and  the  said  sum  of  —  therein  men¬ 
tioned,  and  of  and  from  all  actions,  suits,  costs, 
charges,  payments  and  damages  whatsoever,  which 
shall  or  may  be  brought,  commenced,  sued,  prose¬ 
cuted,  recovered  or  awarded,  against  him,  or  which 
he  may  sustain  or  be  put  to,  by  any  person  or  per¬ 
sons  whatsoever,  for  or  concerning  the  said  bill  or 
note,  and  the  said  sufn  of  —  therein  mentioned, 
and  which  is  so  paid  to  the  said  E  F,  as  aforesaid, 
then  &c. 


OF  BOTTOMRY  AND  RESPONDENTIA. 

Bottomry  is  the  contract  by  which  the  owner  of 
a  ship  borrows  money  for  the  purposes  of  the  voy¬ 
age,  and  pledges  the  keel  or  bottom  as  a  security 
for  payment ;  in  which  case,  if  the  ship  be  lost,  the 
lender  loses  his  money,  but  if  it  arrives  in  safety,  he 
receives  the  principal  and  the  stipulated  interest, 
however  it  may  exceed  the  legal  rate ;  and  the  ship 
and  tackle  are  liable,  as  well  as  the  person  of  the 
borrower. 

Respondentia  is  where  money  is  lent,  not  on  the 
vessel,  but  on  the  goods,  in  which  case  the  borrow¬ 
er  is  only  personally  bound  to  answer  the  contract. 

Montefiore. 


Bottomry  Bond. 

To  all  to  whom  these  presents  shall  come,  I,  A  B, 
of  — ,  merchant,  owner  of  the  ship  called  the  — , 
w  hereof  C  D  is  master,  of  the  burthen  of  about  — 
tons,  now  lying  in  this  port  of  — ,  and  bound  on  a 
voyage  hence  to  the  port  of  — ,  and  thence  back  to 
this  port  of  — ,  sendeth  greeting.  Whereas  I,  the 
said  A  B,  am  under  the  necessity  of  borrowing  the 
sum  of  —  dollars  for  the  fitting  out  the  said  ship 
for  the  said  intended  voyage,  and  E  F,  of  said  — , 
merchant,  has  lent  and  advanced  to  me,  the  said 
A  B,  the  said  sum  of  — ,  at  the  rate  of —  per  cent, 
on  said  sum,  for  the  purpose  of  fitting  out  the  said 


MERCANTILE, 


169 


ship  as  aforesaid.  Now  know  ye,  that  I,  the  said 
AB,  do  by  these  presents,  for  myself,  my  executors 
and  administrators,  covenant,  grant  and  agree  to 
and  with  the  said  E  F,  that  the  said  ship  called  the 
— ,  shall  with  the  first  fair  wind  set  sail  and  depart 
from  this  port  of  — ,  and  proceed  directly  to  the 
port  of  — ,  and  from  thence  return  back  to  this  port 
of  — -,  and  here  end  her  said  intended  voyage  ;  and 
I,  the  said  A  B,  for  and  in  consideration  of  the  said 
sum  of  —  dollars  to  me  in  hand  paid  by  the  said 
E  F,  at  and  before  the  ensealing  and  delivery  of 
these  presents,  the  receipt  whereof  is  hereby  ac¬ 
knowledged,  do  bind  and  obligate  myself,  my  heirs, 
executors  and  administrators,  mv  goods  and  chat¬ 
tels,  and  particularly  the  said  ship  called  the  — , 
with  her  hull  or  body,  together  with  her  tackle  and 
apparel,  and  the  freight  to  be  earned  for  the  said 
voyage,  to  pay  the  said  E  F,  his  executors,  admin¬ 
istrators  or  assigns  the  said  sum  of  —  dollars,  with¬ 
in  —  days  next  after  the  safe  arrival  of  the  said  ship 
at  this  port  of  — ,  from  the  said  intended  voyage, 
together  with  —  per  cent,  interest  thereon,  amount¬ 
ing  together  to  the  sum  of  —  dollars;  and  I  the 
said  A  B,  for  myself,  my  heirs,  executors  and  ad¬ 
ministrators,  covenant,  grant  and  agree  to  and  with 
the  said  E  F,  his  executors  and  administrators,  by 
these  presents,  that  I  am  the  true  and  lawful  owner  of 
the  said  ship,  and  that  I  have  good  authority  to 
charge  and  engage  the  said  ship  as  aforesaid,  and 
that  the  said  ship  shall  at  all  times  after  the  said 
voyage,  be  liable  and  chargeable  for  the  said  sum 
of  * —  dollars,  with  the  interest  thereon  as  aforesaid. 

In  witness , 


Respondentia  Bond . 

Know  all  men,  &c.  [see  Bonds .]  Whereas  the 
said  E  F,  has  this  day  lent  and  advanced  to  the  said 
A  B,  the  sum  of  —  dollars  upon  the  goods,  wares 
and  merchandize,  laden  or  to  be  laden  on  board  of 

15 


170 


MERCANTILE. 


the  ship  called  the  — ,  S  T,  master,  now  bound  on 
a  voyage  from  this  port  of  — ,  to  the  port  of  — , 
from  thence  back  to  this  port  of — . 

The  condition  of  this  obligation  is  such,  that  if 
the  said  ship  shall  with  all  convenient  speed,  proceed 
and  sail  on  said  voyage  to  — ,  and  from  thence  back 
to  —  as  aforesaid,  and  do  and  shall  return  to  this 
port  of  — ,  (the  casualties  of  the  seas  excepted,)  and 
if  the  said  A  B,  his  heirs,  executors  and  administra¬ 
tors  do  and  shall  within  —  days  after  the  said  ship 
shall  have  returned  to  the  said  port  of —  from  her  in¬ 
tended  voyage,  well  and  truly  pay  or  cause  to  be 
paid  to  the  said  E  F,  the  sum  of  —  dollars  togeth¬ 
er  with  interest  thereon  at  the  rate  of  —  per  cent, 
on  the  entire  voyage  above  expressed,  whether  the 
said  voyage  shall  be  terminated  in  a  reasonable  pe¬ 
riod  of  time  or  not,  together  w  ith  interest  at  the  rate 
of  six  per  cent,  per  annum  for  the  —  days  allowed 
for  the  payment  of  the  said  sum,  after  the  return  of 
said  ship  to  this  port  of  —  from  said  voyage, 
or  if  during  the  said  voyage  and  before  the 

return  of  said  property  to  this  port  of  — ,  the 

loss  of  the  said  ship  by  fire,  enemies,  or  any  oth¬ 
er  casualties,  shall  unavoidably  happen,  and  the  said 
A  B,  his  executors  and  administrators  shall  and  do 
within  —  days  after  such  loss,  well  and  truly  ac¬ 
count  for  upon  oath,  and  pay  unto  the  said  E  F, 

his  executors,  administrators  or  assigns,  a  just  and 
proportionate  average  of  all  the  said  goods,  wares 
and  merchandize  of  the  said  A  B,  his  executors  or 
administrators,  so  carried  from  this  port  of  — ,  on 
board  of  said  ship,  and  the  neat  proceeds  thereof, 
and  all  goods,  specie,  wares  and  merchandize,  which 
the  said  A  B,  his  heirs,  executors  or  administrators 
shall  therefrom  acquire,  during  said  voyage,  and 
shall  ship  on  board  said  ship,  which  shall  not  be  un¬ 
avoidably  lost  as  aforesaid,  then  this  obligation  to 
be  void,  otherwise  to  remain  in  full  force  and  virtue. 

Sealed  and  delivered  ) 

in  presence  of  us,  ) 


MERCANTILE. 


171 


AGREEMENTS. 


Articles  between  a  Merchant  and  his  Apprentice. 

Articles  of  agreement,  made  and  concluded  by 
and  between  A  B,  of,  &c.  of  the  one  part,  and  C  D, 
son  of  E  D,  of,  &ic.  and  the  said  E  D  of  the  other 
part,  in  manner  following,  (that  is  to  say,) 

Whereas  the  said  A  B,  the  day  of  the  date  of 
these  presents,  hath  agreed,  and  doth  hereby  agree 
to  take  the  said  C  D  to  be  his  apprentice  or  servant, 
in  merchandizing  affairs;  and  to  employ  him  there¬ 
in,  as  well  in  parts  beyond  the  seas,  as  in  the  State 
of  — ,  where  the  said  AB  shall  or  may  hereafter,  or 
now  hath  tradings  and  dealings,  for  the  space  of 
seven  years,  to  commence  from,  &lc.  And  there¬ 
upon  the  said  E  D,  father  of  the  said  C  l),  doth 
covenant  and  agree  to  and  with  the  said  A  B,  his 
executors,  administrators  and  assigns,  in  manner 
following,  that  is  to  say,  (here  insert  the  several  ar¬ 
ticles  agreed  on.)  In  witness,  &c. 

Signed,  &c. 


Articles  of  Copartnership  for 

Trade.* 


carrying  on  a  Joint 


'  Articles  of  agreement  concluded  between  H  I,  of 
— ,  of  the  one  part,  and  P  M,  of  — ,  of  the  other  part. 

First  of  all.  The  said  H  I  and  P  M  have  joined, 
and  by  these  presents  do  join  themselves,  to  be  co¬ 
partners  together  in  the  art  or  trade  of  — ,  and  all 
things  thereto  belonging,  and  also  in  buying,  selling, 
vending  and  retailing  of  all  sorts  of  wares,  goods, 
and  commodities  belonging  to  the  said  trade  of — , 
which  said  copartnership  is  to  continue  from  — ,  for 
and  during  and  unto  the  full  end  and  term  of — 
from  thence  next  ensuing,  and  fully  to  be  complete 
and  ended.  And  to  that  end  and  purpose  he  the 


*In  copartnerships  it  sometimes  happens, that  there  are  several  parties, 
who  put  in  stocks  of  different  amount;  or  that  all  or  both  are  not  ac¬ 
tually  engaged  in  the  management  of  the  same;  in  all  which  cases  this 
general  form  may  be  altered  to  the  one  required. 


/ 


fit  2  MERCANTILE. 

said  H  I,  hath,  the  day  of  the  date  of  these  presents, 
delivered  in  as  stock,  the  sum  of  — ,  and  the  said  P 
M  the  sum  of  — ,  to  bp  used,  laid  out  and  employed 
in  common  between  them,  for  the  management  of 
the  said  trade  of  — ,  to  their  utmost  benefit  and  ad¬ 
vantage.  And  it  is  agreed  between  the  said  parties 
to  these  presents,  and  the  said  copartners  each  for 
himself  respectively,  and  for  his  own  particular  part, 
and  for  his  executors  and  administrators,  doth  seve¬ 
rally  and  not  jointly  covenant,  promise  and  agree, 
to  and  with  the  other  partner,  his  executors  and 
administrators,  by  these  presents,  in  manner  and 
form  following,  (that  is  to  say,) 

That  they  the  said  copartners  shall  not,  nor  will 
at  any  time  hereafter  use,  exercise,  or  follow',  the 
trade  of  —  aforesaid,  or  any  other  trade  w  hatsoever, 
during  the  said  term,  to  their  private  benefit  or  ad¬ 
vantage;  but  shall  and  will  from  time  to  time,  and 
at  all  times,  during  the  said  term,  (if  they  shall  so 
long  live)  do  their,  and  each  of  their  best  endeavors, 
in  and  by  all  means  possible,  to  the  utmost  of  their 
skill  and  power,  for  their  joint  interest,  profit  and 
advantage,  and  truly  employ,  buj;,  sell  and  mer¬ 
chandize,  with  the  stock  aforesaid,  and  the  increase 
thereof  in  the  trade  of  —  aforesaid,  without  any 
sinister  intentions  or  fraudulent  endeavors  whatso¬ 
ever  :  And  also,  that  they  the  said  copartners,  shall 
and  will  from  time  to  time,  and  at  all  times  hereafter, 
during  the  said  term,  pay,  bear  and  discharge  equally 
between  them,  the  rent  of  the  shops  which  they  shall 
rent  or  hire,  for  the  joint  exercising  or  managing 
the  trade  aforesaid :  And  that  all  such  gain,  profit 
and  increase,  that  shall  come,  grow,  or  arise,  lor  or 
by  reason  of  the  said  trade,  and  joint  occupying  as 
aforesaid,  shall  be  from  time  to  time,  during  the 
said  term,  equally  and  proportionally  divided  be¬ 
tween  them,  share  and  share  alike.  And  also,  that 
all  such  loss  as  shall  happen  in  the  said  joint  trade, 
by  bad  debts,  ill  commodities,  or  otherwise,  without 
fraud  or  covin,  shall  be  paid  and  borne  equally  and 


MERCANTILE. 


178 


proportionally  between  them.  And  further ,  it  is 
agreed  by  and  between  the  said  copartners,  parties 
to  these  presents,  that  there  shall  be  had  and  kept, 
from  time  to  time,  and  at  all  times,  during  the  said 
term,  and  joint  occupying  and  copartnership  to¬ 
gether,  as  aforesaid,  perfect,  just  and  true  books  of 
account,  wherein  each  of  the  said  copartners  shall 
duly  enter  and  set  down,  as  well  all  money  by  them 
received,  paid,  expended  and  laid  out,  in  and  about 
the  management  of  the  said  trade,  as  also  all  wares, 
goods,  commodities,  and  merchandizes,  by  them,  or 
either  of  them,  bought  and  sold,  by  reason  or  means, 
or  upon  account  of  the  said  copartnership,  and  all 
other  matters  and  things  whatsoever,  to  the  said 
joint  trade,  and  the  management  thereof,  in  any 
wise  belonging  or  appertaining,  which  said  books 
shall  be  used  in  common,  between  the  said  copart¬ 
ners,  so  that  either  of  them  may  have  free  access 
thereto,  without  any  interruption  of  the  other :  And 

also  that  they,  the  said  copartners,  once  in - 

months,  or  oftener  if  need  shall  require,  upon  the 
reasonable  request  of  one  of  them,  shall  make,  yield 
and  render  each  to  the  other,  or  to  the  executors  or 
administrators  of  each  other,  a  true,  just  and  perfect 
account  of  all  profits  and  increase  by  them  or  either 
of  them  made,  and  of  all  losses  by  them  or  either  of 
them  sustained,  and  also  of  all  payments,  receipts, 
disbursements,  and  all  other  things  whatsoever  by 
them  made,  received,  disbursed,  acted,  done  or  suf¬ 
fered,  in  their  said  copartnership,  and  jointly  occu¬ 
pying  as  aforesaid  ;  and  the  same  account  so  made, 
shall  and  will  clear,  adjust,  pay  and  deliver,  each 
unto  the  other,  at  the  time  of  making  such  account, 
their  equal  shares  of  the  profits  so  made  aforesaid. 
And  at  the  end  of  the  said  term  of  — ,  or  other 
sooner  determination  of  these  presents,  (be  it  by  the 
death  of  one  of  the  said  partners  or  otherwise)  they 
the  said  copartners,  each  to  the  other,  or,  in  case  of 
the  death  of  either  of  them,  the  surviving  party  to 
the  executors  or  administrators  of  the  party  deceased, 

15* 


174 


MERCANTILE. 


shall  and  will  make  a  true,  just  and  final  account  of 
all  things  as  aforesaid,  and  divide  the  profits  afore¬ 
said,  and  in  all  things  well  and  truly  adjust  the  same  ; 
and  that  also  upon  the  making  of  such  final  account, 
all  and  every  the  stock  and  stocks,  as  well  as  the 
gain  and  increase  thereof,  which  shall  appear  to  be 
remaining,  w  hether  consisting  of  money,  wares,debts, 
&c.  shall  be  equally  parted  and  divided  between 
them  the  said  copartners,  their  executors  or  admin¬ 
istrators,  share  and  share  alike.  In  witness ,  fyc. 

Signed,  &c. 


Agreement  to  continue  a  partnership,  by  indorsement. 

We  the  within  named  H,  I  and  P  M  do  by  these 
presents  indorse,  declare  and  mutually  covenant 
and  agree,  unto  and  with  each  other,  his  and  their 
executors  and  administrators,  to  continue  the  joint 
trade  and  partnership  within  mentioned, for  the  furth¬ 
er  term  of  —  years,  if  both  of  us  shall  so  long  live, 
to  be  accounted  from  the  expiration  of  the  —  years 
within  limited  for  the  continuance  of  the  same,  with 
the  joint  stock,  and  undet  and  subject  to  the  several 
covenants  and  agreements  within  expressed  and 
contained.  In  witness,  fyc. 


Separation  of  Copartnership. 

An  indenture  made,  &c.  between  L  M,  of  &c.  of 
the  one  part,  and  O  P,  of  &ic.  of  the  other  part. 
Whereas  the  said  L  M  and  O  P,  have  for  sometime 
been  copartners  together  in  the  trade  of  &c.  and  by 
reason  of  the  said  joint  trade  and  dealing,  divers 
debts  are  become  due  and  owing  unto  them,  and 
also  they  are  indebted  and  stand  engaged  in  divers 
sums  of  money  to  others.  And  whereas  the  said  L 
M  and  O  P,  for  divers  good  causes,  them  thereto 
moving,  have  concluded  and  agreed  that  for  the  con¬ 
siderations  herein  after  expressed,  all  the  debts  and 
sums  of  money  which  are  due  and  owing  uuto  them. 


MERCANTILE. 


175 


the  said  L  M  and  O  P  jointly,  shall  be  assigned 
unto  the  said  O  P.  And  the  said  O  P  hath  agreed 
and  undertaken  to  pay  and  discharge  all  debts  and 
sums  of  money,  which  they,  the  said  L  M  and  O  P, 
do  jointly  owe  to  any  person  or  persons,  for  or  by 
reason  of  their  said  joint  trade  or  copartnership. 
Now  this  indenture,  witness e.ih ,  That  the  said  L  M, 
for  the  consideration  herein  after  mentioned,  hath 
granted,  assigned,  and  set  over,  and  by  these  pres¬ 
ents  doth  grant,  assign,  and  set  over  unto  the  said 
O  P,  his  executors,  administrators  and  a -signs,  all 
and  singular  such  debts  and  sums  of  money  as  are 
owing  to  him  the  said  L  M,  severally  or  jointly, 
with  the  said  O  P,for  or  concerning  their  joint  trade 
aforesaid  ( here  may  he  added ,  and  goods ,  wares  arid 
merchandize  remaining  unsold)  and  all  his  right, 
title,  interest,  property,  claim  and  demand  whatso¬ 
ever,  in  and  to  the  said  debts,  or  any  of  them  ;  and 
also  all  and  singular  bills,  bonds,  specialities,  and 
writings  whatsoever,  for  and  concerning  the  said 
debts  and  the  late  copartnership  between  them  :  All 
which  debts  are  mentioned  and  expressed  in  a  cer¬ 
tain  schedule  hereunto  annexed.  To  have,  hold  and 
enjoy  all  and  every  the  said  debts,  specialities  and 
writings,  unto  the  said  O  P,  his  executors,  adminis¬ 
trators  and  assigns,  to  his  and  their  own  proper  use 
and  behoof,  without  any  manner  of  account  therefor 
to  be  given  to  him  the  said  L  M,  his  executors,  ad¬ 
ministrators,  or  assigns,  and  the  said  L  M  doth  by 
these  presents  give  and  grant  the  said  O  P  his  exec¬ 
utors,  administrators  and  assigns,  full  power  and  au¬ 
thority  to  ask,  levy,  recover  and  receive  in  the  name 
of  him,  the  said  L  M,  all  and  singular  the  said  debts 
and  sums  of  money  expressed  in  the  said  schedule, 
for  and  to  the  only  use  and  behoof  of  the  said  O  P, 
his  executors,  administrators  and  assigns.  And  the 
said  L  M,  for  himself,  his  executors,  administrators 
and  assigns,  doth  covenant  and  grant  to  and  with  the 
said  O  P,  his  executors,  &,c.  that  if  it  should  appear 
the  said  L  M,  or  his  assigns,  or  any  person  or  per- 


176 


MERCANTILE. 


sons,  by  virtue  of  any  power  or  authority  derived 
from  him  or  them,  have  at  any  time  heretofore  re¬ 
ceived,  released,  or  discharged  any  of  the  said  debts 
or  sums  of  money  mentioned  in  the  said  schedule 
other  than  the  sum  of,  &tc.  received  by  the  consent 
of  the  said  OP,  that  then  upon  notice  given  by  the 
said  O  P,  his  executors,  administrators  or  assigns, to 
the  said  L  M,  his,  &;o.  he  the  said  L  M,  his  execu¬ 
tors  or  administrators,  shall  within  twenty  days  next 
after  such  notice  given  to  the  said  L  M,  or  his,  &c. 
make  a  full  satisfaction  to  the  said  O  P,  or  his  as¬ 
signs,  for  the  same.  And  also,  that  he,  the  said  L  M, 
his  executors  or  administrators,  shall  not,  nor  will, 
at  any  time  or  times  hereafter,  do,  or  suffer,  any  act, 
matter,  or  thing,  to  impede  the  said  O  P,  his  execu¬ 
tors,  administrators  or  assigns,  in  the  getting  in, 
obtaining,  or  recovery  of  the  said  debts,  or  any  of 
them.  And  further,  that  he,  the  said  L  M,  his  execu¬ 
tors  and  administrators,  shall  and  will,  upon  reason¬ 
able  request  to  him  or  them  made,  by  the  said  OP, 
his  executors,  administrators  or  assigns,  make,  seal, 
and  deliver  to  him  or  them,  such  other  powers,  letter 
or  letters  of  attorney,  as  may  be  sufficient  for  the 
recovery,  and  getting  in  the  said  debts  and  sums  of 
money,  as  by  the  said  O  P,  his  executors,  administra¬ 
tors  or  assigns,  or  his  or  their  counsel  learned  in  the 
law,  shall  be  reasonably  devised,  advised,  or  requi¬ 
red.  In  consideration  whereof,  the  said  O  P  for 
himself,  his  executors  and  administrators,  doth 
covenant,  promise  and  grant,  to  and  with  the  said  L 
M,  his  executors  and  administrators,  that  he  the  said 
O  P,  his  executors  or  administrators,  shall  and  will, 
within  twenty  days  from  the  date  of  these  presents, 
well  and  truly  pay  or  cause  to  be  paid  unto  the  said 
Li  M,  his  executors,  &c.  the  sum  of,  &tc.  and  shall  or 
will,  at  or  before,  &ic.  next,  obtain  and  procure  to 
and  for  the  said  L  M,  his  executors  or  administra¬ 
tors,  sufficient  general  releases  and  other  discharges 
in  the  law,  from  all  creditors  whose  names  are  men¬ 
tioned  in  the  second  schedule  hereunto  annexed. 


MERCANTILE. 


177 


And  also,  that  he  the  said  O  P,  his  executors  or 
administrators,  shall  and  will,  at  all  times  forever 
hereafter,  save  and  keep  harmless  and  indemnified, 
the  said  L  M,  his  executors  and  administrators, 
against  all  and  every  person  and  persons  whatso¬ 
ever,  to  whom  they  the  said  L  M  and  O  P,  or  either 
of  them,  are  indebted,  touching  or  concerning  the 
said  copartnership,  and  of  and  from  all  actions,  suits, 
costs,  charges,  judgments,  executions,  damages  and 
demands  whatsoever,  which  shall  at  any  time  here¬ 
after  arise  and  be  brought  against  the  said  L  M,  his 
executors  or  administrators,  or  his  or  their  lands, 
tenements,  goods  or  chattels,  for  or  by  reason  of 
any  debts  or  sums  of  money  owing,  for  or  by  reason 
of  any  bill,  bond,  speciality,  promise  or  contract, 
touching  the  said  copartnership.  In  witness, 
Signed,  he. 


A  Charty  Party  of  Assignment. 

This  Charty  Party  indented,  made,  concluded 
and  agreed  upon,  the  —  day  of  — ,  in  the  year  of 
our  Lord,  between  A  B;  of,  he.  master  and  owner 
of  the  ship  or  vessel  called  the  — ,  of  the  burthen 
of,  he.  of  the  one  part,  and  C  D,  of,  &ic.  of  the 
other  part,  luitnesseth,  That  the  said  A  B,  for  the 
consideration  hereinafter  mentioned,  hath  granted 
and  to  freight  letten,  and  by  these  presents  doth 
grant  and  to  freight  let,  unto  the  said  C  D,  his  exe¬ 
cutors, administrators  and  assigns,  the  whole  tonnage 
of  the  hold,  stem,  sheets,  and  half  deck  of  the  said 
ship  or  vessel,  from  the  port  of  —  to  the  port  of — , 
in  a  voyage  to  be  made  with  the  said  ship  in  the 
manner  following,  (that  is  to  say,)  the  said  A  B  is 
to  sail  with  the  first  fair  wind  and  weather  that  shall 
happen,  next  after  the  —  day  of  — ,  or  before  the 
—  day  of  —  next,  from  the  said  port  of  — ,  with 
the  goods  and  merchandize  of  the  said  C  D,  his 
factors  or  assigns,  on  board,  to  —  aforesaid,  there 
to  be  delivered  and  discharged  of  her  said  cargo, 


178 


MERCANTILE. 


within  fifteen  days  next  after  her  arrival  for  the  end 
of  the  said  voyage.  In  consideration  whereof,  the 
said  (.’  D,  for  himself,  his  heirs,  executors  and  ad¬ 
ministrators,  doth  covenant,  promise,  grant  and 
agree,  to  and  with  the  said  A  B,  his  executors,  ad¬ 
ministrate, rs  and  assigns,  and  every  of  them,  by 
these  presents,  that  he  the  said  C  D,  his  executors, 
administrators,  factors  or  assigns,  shall  and  will  well 
and  truly  pay  or  cause  to  be  paid,  unto  the  said  A 
B,  his  executors,  administrators  and  assigns,  for  the 
freight  of  the  said  ship  or  goods,  the  sum  of,  &,c. 
( Or  thus ,  — dols.  a  ton,  forloadiug  or  unloading  and 

taking  in  goods  at  —  and  —  ports,)  within - 

-  days  after  the  said  ship’s  arrival,  and 

goods  discharged  at  —  aforesaid,  for  the  end  of  the 
vo3'age ;  and  also  shall  and  will  pay  for  demur¬ 
rage,  if  any  shall  be  by  the  default  of  him  the 

said  C  D,  his  factors  or  assigns,  the  sum  of - 

dollars  a  day,  daily  and  every  day,  as  the  same 
shall  grow  due :  And  the  said  A  B,  for  him¬ 
self,  his  heirs,  executors  and  administrators,  doth 
covenant,  promise,  grant  and  agree,  to  and  with 
the  said  C  D.  his  executors,  administrators  and 
assigns,  and  every  of  them,  by  these  presents,  that 
the  said  ship  or  vessel  shall  be  ready  at  the 
said  port  of  —  at  —  key,  to  take  in  goods,  by 
the  said  —  day  of  — ,  next  coming  ;  and  with¬ 
in  ten  days  after  the  said  ship  shall  be  ready  at  the 
said  key  as  aforesaid,  the  said  C  D  doth  grant, 
promise  and  agree  to  have  his  goods  ready  and  put 
on  board  the  said  ship,  in  order  that  she  may 
proceed  on  her  said  voyage.  And  the  said  A  B 
doth  also  covenant,  promise,  grant  and  agree,  to 
and  with  the  said  C  D,  his  executors,  administrators 
and  assigns,  that  the  said  ship  or  vessel  now  is,  and 
at  all  times  during  the  said  voyage  shall  be,  to  the  best 
endeavor  of  the  said  A  B,  his  executors  and  admin¬ 
istrators,  at  his  and  their  own  proper  costs  and 
charges,  and  all  things  made  and  kept  stiff,  staunch 
and  strong,  and  will  furnish  and  provide  as  well 


MERCANTILE. 


179 


with  men  and  mariners  sufficient  and  able  to  sail, 
guide  and  govern  the  said  ship,  as  with  all  manner 
of  rigging,  boats,  tackle  apparel,  furniture,  provi¬ 
sion  and  appurtenances  fitting  and  necessary  for 
the  said  men  and  mariners,  and  for  the  said  ship, 
during  the  voyage  aforesaid. 

In  witness ,  &fc. 


A  Charter  Party  of  Affreightment. 

This  charter  party  of  affreightment,  indented, 
made  and  fully  concluded  upon  this  —  day  of  — 
in  the  year  of  our  Lord  — ,  between  A  B,  of  &c. 
owner  of  the  good  ship  called  the  — ,  of  the  bur¬ 
then  of  —  tons,  or  thereabouts,  now  lying  in  the 
harbor  of  — -,  whereof  —  is  at  present  master,  on 
the  one  part,  and  C  l),  of  &ic.  on  the  other  part, 
Witnesscth ,  That  the  said  A  B,  for  the  consideration 
hereafter  mentioned  hath  lett  to  freight  * —  die 
aforesaid  ship  with  the  appurtenances  to  her  belong¬ 
ing,  for  a  voyage  to  be  made  by  the  said  C  D  to 
—  and  back  again  to  — ,  where  she  is  to  be  dis¬ 
charged  (the  danger  of  the  seas  excepted)  and  the 
said  A  B  doth  by  these  presents  covenant  and 
agree  with  the  said  C  D  in  manner  following,  That 
is  to  say,  That  the  said  ship  in  and  during  the 
voyage  aforesaid,  shall  be  tight,  staunch,  and 
strong,  and  sufficiently  tackled  and  apparelled  with 
all  things  necessary  for  such  a  vessel  and  voyage  ; 
and  that  it  shall  and  may  be  lawful  for  the  said  C 
D,  his  agent  or  factors,  as  well  at  —  as  at  —  to 
load  and  put  on  board  the  said  ship  —  loading  of 
such  goods  and  merchandize  as  they  shall  think 
proper.  Contraband  goods  always  excepted.  In 
consideration  whereof  the  said  C  D  doth  by  these 
presents  agree  with  the  said  A  B  well  and  truly  to 
pay  or  cause  to  be  paid  unto  him,  in  full  for  the 
freight  or  hire  of  his  said  ship  and  appurtenances, 
the  sum  of  — ,  and  so  in  proportion  for  a  less  time, 
as  the  said  ship  shall  be  continued  in  the  aforesaid 


180 


MERCANTILE. 


service  in  —  days  after  her  return  to  — ,*  and  the 
said  C  D  doth  agree  to  pay  —  the  charges  of  vict¬ 
ualling  and  manning  the  said  ship  and  —  port 
charges  and  pilotage  during  said  voyage,  and  to 
deliver  said  ship  on  her  return  to  —  to,  the  owner 
aforesaid,  or  his  order. 

To  the  true  and  faithful  performance  of  all  and 
singular  the  covenants,  payments  aud  agreements 
aforementioned,  each  of  the  parties  aforenamed 
binds  and  obliges  himself,  his  executors  and  ad¬ 
ministrators,  in  the  penal  sum  of  —  firmly  by  these 
presents.  In  witness  w  hereof,  the  parties  aforesaid 
have  hereunto  interchangeably  set  their  hands  and 
seals  the  day  and  year  aforewritten. 

Signed,  sealed  and  delivered  > 
in  presence  of  us,  ) 

Letter  of  License . 

To  all,  &LC.  we  ( here  name  the  creditors  and  place 
of  their  abode,)  send  greeting.  Whereas  G  H,  of 
&c.  is  and  stands  indebted  to  us  the  said  — •,  which 
by  reason  of  losses  he  is  unable  to  pay  :  Now'  there¬ 
fore  know  ye,  that  we  the  said  ( name  the  creditors ,) 
have  given  and  granted,  and  by  these  presents  do 
give  and  grant,  to  the  said  G  H,  full,  free  and  safe 
license  and  liberty  to  come  and  go,  pass  and  repass 
from  place  to  place,  where  and  as  his  business  and 
occasion  shall  serve  and  require,  from  the  day  of 
the  date  of  these  presents,  for  the  term  of  —  years, 
and  fully  to  be  complete  and  ended,  without  being 
sued,  molested,  charged  or  troubled  in  his  person 
or  otherwise,  for  or  concerning  any  debt,  duty,  sum 
or  sums  of  money,  or  other  matter  or  thing,  where¬ 
by  or  wherewith  he  is  or  stands  indebted  or  bound 
to  us,  or  shall  or  may  he  charged  or  chargeable  in 
any  wise  howsoever.  And  we,  the  said  creditors,  do 
hereby  for  us,  our  heirs,  executors  and  administra¬ 
tors,  covenant,  promise  and  grant,  to  and  with  the 
said  G  H,  his  executors  and  administrators,  that 


*Oc  is  lost,  (if  it  so  happens)  is  usually  added.  ' 


MERCANTILE. 


131 


we  the  said  creditors,  our  heirs,  executors  and  ad¬ 
ministrators,  nor  any  other  person  or  persons,  by. 
with  or  through  our  or  any  of  our  order,  direction, 
privity  or  consent,  shall  or  will  at  any  time  hereaf¬ 
ter,  during  the  said  term  of — years,  sue,  arrest,  at¬ 
tach,  seize,  extend,  molest,  implead  or  trouble  the 
said  G  H,  his  heirs,  executors  or  administrators,  or 
his  or  their  bodies,  goods  or  estates,  for  or  concern¬ 
ing  any  debt,  duty,  sum  or  sums  of  money,  which 
he  now  owes  or  is  indebted  to  us,  by  himself  solely, 
or  jointly  with  or  for  any  other  person  or  persons, 
by  bond,  bill,  covenant  or  otherwise  howsoever,  or 
for  any  other  matter,  thing  or  cause  whatsoever, 
wherewith  he  or  they  now  are  or  shall  or  may  be 
charged  or  chargeable  ;  and  that  these  presents  shall 
or  may  be  pleaded  and  allowed  in  any  court  or 
courts  at  law  or  equity,  in  discharge  to  all  or  any 
actions,  suits  or  other  proceedings,  judgments  and 
executions,  which  shall  or  may  be  brought,  com¬ 
menced,  sued,  prosecuted,  awarded  or  recovered 
against  the  said  C  D  his  heirs,  executors  or  admin¬ 
istrators,  or  his  or  their  goods,  or  estates,  by  us  the 
said  creditors,  our  heirs,  executors,  administrators 
or  assigns,  or  any  other  person  or  persons,  by  or 
through  our  or  their  or  any  of  their  means,  act, 
privity,  order,  consent,  or  procurement,  contrary 
to  the  true  intent  and  meaning  of  these  presents  : 
Provided  nevertheless,  that  if  all  the  said  parties 

'  t 

hereunto  shall  not  subscribe  and  seal  these  presents, 
then  and  in  such  case,  the  license  hereby  granted, 
and  every  clause  thereof,  shall  be  void  and  of  no 
effect ;  any  thing  herein  before  expressed  to  the  con¬ 
trary'  not  w  i  t  h  s  t  a  n  d  i  n  g . 

In  witness ,  fyc. 


Memorandum  of  meeting  of  Creditors. 

Memorandum.  At  a  meeting  of  the  creditors  of 
A  B,  of  held  at  Stc  the  —  day  of-—,  it  is  con- 
eluded  and  agreed  on  as  follows,  that  is  to  say,  We, 

J  o 


182 


MERCANTILE. 


the  creditors  of  the  said  A  B,  whose  names  are 
hereunder  written,  have  this  day  severally  and  res¬ 
pectively  agreed  for  ourselves,  and  for  our  several 
and  respective  partners,  executors,  administrators  or 
assigns,  to  and  with  the  said  A  B,  his  executors  and 
administrators,  to  accept,  receive  and  take  the  sum 
of  —  for  each  and  every  dollar  that  he,  the  said  A 
B,does  owe  and  is  indebted  to  us,  severally  and  res¬ 
pectively,  in  full  satisfaction  and  discharge  of  the 
debts  or  sums  severally  and  respectively  due  to  us 
from  the  said  A  B,  so  that  the  said  sum  of  —  for 
each  and  every  dollar  be  paid  severally  and  respec¬ 
tively  to  us,  or  to  our  several  and  respective  heirs, 
executors,  administrators  or  assigns  within  the  space 
of  —  days,  from  the  day  of  the  date  hereof ;  and  in 
default  thereof,  this  agreement  to  be  null  and  void. 

Witness  our  hands  the  day  and  year  aforesaid. 


Agreement  to  hold  parts  in  a  cargo . 

Memorandum.  That  we,  the  several  persons 
whose  names  are  hereunto  subscribed,  have  agreed 
to  make  up  the  sum  of  —  dollars  between  us,  which 
is  to  be  invested  in  the  purchase  of  a  cargo  of  — , 
as  shall  be  approved  by  us  or  a  major  part  of  us,  to 
be  sent  to  — ,  in  such  ship  or  vessel  as  we  or  the 
;major  part  of  us,  agree  to  charter  for  that  purpose ; 
that  the  said  cargo  shall  be  disposed  of  by  G  H,the 
proceeds  of  such  sale  shall  be  reinvested  in  the  pur¬ 
chase  of  such  goods,  wares  and  merchandize,  as  the 
said  G  H  shall  approve,  and  be  brought  to  this  port 
of  — ,  in  said  vessel.  Now  we,  the  said  subscribers, 
do  hereby  severally  and  respectively,  not  one  for  the 
other,  promise  and  agree  to  and  with  the  other  and 
others  of  us,  our  executors  and  administrators,  that 
each  of  us  shall  and  will  be  concerned  and  answera¬ 
ble  for  profit  and  loss  of  and  in  said  cargo,  accord¬ 
ing  to  our  respective  parts  thereof,  hereunder  sub¬ 
scribed;  and  that  each  of  us  will  pay  our  several 


MERCANTILE.  ]  83 

proportionable  parts  ofthe  costs  thereof,  according 
jto  our  respective  parts  subscribed  as  aforesaid. 

In  witness  whereof,  vve  have  hereunto  set  our 
hands  this  —  day  of — ,  18  . 


Agreement  to  hold  parts  of  a  ship  to  he  built . 

We,  whose  hands  and  seals  are  hereunto  subscrib- 
ed,  do  for  ourselves,  our  executors  and  administra¬ 
tors,  severally  and  respectively,  and  not  jointly,  nor 
one  for  the  other,  nor  for  the  other’s  act  and  deed, 
covenant,  promise  and  agree,  to  and  with  A  B,  of 
&c.  his  executors,  administrators  or  assigns,  by  these 
presents,  that  each  of  us  will  hold  and  be  concerned 
in  the  several  parts  by  us  respectively  subscribed 
with  our  names  to  these  presents,  of  and  in  a  new 
ship,  to  be  of  the  burthen  of  —  tons  or  thereabouts, 
for  the  building  whereof  the  said  A  B  hath,  at  our 
request  and  with  our  consent,  contracted  and  agreed 
w  ith  C  D,  of — ,  by  articles  of  agreement,  bearing 
date  on,  &c.  of  w  hich  ship  when  built  and  finished, 
that  each  of  us  respectively  will  pay  our  full  pro¬ 
portion,  according  to  our  parts  in  said  ship  hereun¬ 
der  subscribed,  of  the  sum  of  money  to  be  paid  for 
tlie  building  of  the  said  ship,  at  the  times  and  in 
manner,  as  the  same  shall  become  due  by  the  said 
contract  in  that  behalf,  and  likewise  of  the  charge 
of  the  outset  and  fitting  the  said  ship  for  sea,  for 
such  a  voyage  as  the  major  part  of  the  owners  there¬ 
of,  according  to  their  parts  therein,  shall  agree  and 
think  proper.  In  witness ,  fyc. 


Agreement  to  hold  parts  of  a  ship  when  bought. 

We,  &c.  (as  above)  that  each  of  us  will  hold  and 
be  concerned  in  the  several  parts,  by  us  hereunder 
severally  subscribed,  of  and  in  a  certain  ship  called 
the  — ,  of  the  burthen  of  —  tons  or  thereabouts, 
now  at  — ,  when  the  same  is  bought  by  A  B,  for 
the  buying  whereof  the  said  A  B  has  agreed  (or  is 


■  ^ 

184  MERCANTILE. 

about  to  agree,)  with  the  present  owners  thereof; 
and  we  do  further  severally,  but  not  jointly,  cove¬ 
nant  and  agree  to  and  with  the  said  AB,  his  execu¬ 
tors,  administrators  and  assigns,  that  each  of  ns  will 
pay  ouf  respective  shares  according  to  our  parts  in 
the  said  ship  hereunder  subscribed,  of  the  sum  of 
money  which  the  said  A  B  has  agreed  (or  shall  a- 
gree)  to  pay  for  the  said  ship,  as  the  same  shall  be¬ 
come  payable,  or  be  agreed  by  him  to  be  paid,  and 
likewise  the  charge  of  her  fitting  and  outset  to  sea, 
for  a  voyage  to  — •,  or  such  other  voyage  as  we  or 
the  major  part  of  us  shall  agree,  upon  demand. 

In  witness,  <^c. 


•Agreement  respecting  a  ship  owned  in  copartnership. 

Articles  of  agreement  made  and  concluded,  &:c. 
between  A  B,  of  he  of  the  one  part,  and  C  D  of&c. 
of  the  other  part,  witness,  that  the  said  A  B  has  this 
day  purchased  of  the  said  C  D  one  half  part  of  all 
that  ship  called  the  — ,  of  the  burthen  of  —  tons  or 
thereabouts,  and  also  one  half  part  of  all  and  singu¬ 
lar  the  anchors,  cables,  ropes,  masts,  sails,  yards, 
boats,  oars,  apparel  and  furniture  whatsoever  to  the 
said  ship  belonging,  or  in  any  wise  appertaining, 
which  ship  is  now7  at  — ,  whereof  —  is  now  master, 
as  by  the  bill  of  sale  thereof,  reference  thereto  being 
had,  will  more  fully  appear  ;  and  also  that  the  said 
party  doth  hereby  mutually  covenant  and  agree  to 
and  with  the  other  of  them,  his  executors  and  ad¬ 
ministrators,  by  these  presents  in  manner  following, 
viz.  (here  insert  the  particulars  of  the  agreement,  who 
shall  keep  the  books,  at  what  time  the  accounts  shall 
be  rendered  fyc.)  and  the  said  —  shall  and  will  on 
the  deliverv  and  statements  of  the  said  accounts, 
pay  to  the  said  — ,  his  executors,  administrators  or 
assigns,  his  the  said — ’s  half  part  of  all  the  profits 
and  benefits  that  may  in  any  wise  arise  or  be  made 
by  the  said  ship  and  the  employment  thereof;  and 
the  said  —  does  for  himself,  his  executors  and  ad- 


MERCANTILE. 


185 


ministrators,  covenant  and  promise  to  and  with  the 
said  — ,  (the  keeper  of  the  accounts)  his  executors 
and  administrators,  that  in  case  loss  or  damage  shall 
at  any  time  be  sustained  by  and  on  account  of  said 
ship,  and  the  employment  thereof,  that  in  such  case, 
the  said  — ,  his  executors,  administrators  and  as¬ 
signs,  shall  and  will  pay,  to  the  said  — ,  (keeper  of 
the  books )  his  executors,  administrators  or  assigns, 
when  thereto  required  (proper  vouchers  and  receipts 
being  to  him  or  them  presented)  his  the  said  — ’s  one 
half  part  of  such  loss  or  dama  ge  so  to  be  sustained 
as  aforesaid.  And  for  the  true  performance  he. 

In  witness ,  fyc. 


SURVEYS. 


Survey  of  a  Ship  and  Furniture . 

We,  AB  and  C  D,  shipmasters,  and  E  F  and  G 
H,  shipwrights,  all  resident  within  the  —  of — ,  do 
hereby  jointly  and  severally  declare  and  attest  unto 
all  whom  it  may  concern,  that  on  the  —  day  of  — , 
at  the  instance  of  J  K,  of  he.  we  went  on  board  and 
alongside  the  —  cabled  the  — ,  of  the  burthen  of  — 
tons  or  thereabouts,  to  examine  the  said  — ,  her  hull, 
masts,  yards,  anchors,  cables,  rigging,  running  rig¬ 
ging  and  sails,  and  every  other  store  to  her  belong¬ 
ing  ;  and  having  carefully  and  particularly  inspect¬ 
ed,  examined  and  surveyed  the  said  — ,  called  the 
— ,  and  her  several  stores,  do  report,  that  the  said 
vessel’s  hull,  masts,  he.  are  fit,  (or  unfit  as  the  case 
may  bej  to  proceed  to  sea  ;  all  which  we  are  ready 
to  affirm  upon  oath,  when  thereto  lequired. 

Witness  our  hands  this  —  day  of  — . 


Survty  of  Goods. 

C — ,  ss.'  We,  whose  names  are  hereunto  sub¬ 
scribed,  have  this  day,  at  the  instance  and  request  of 
A  B,  master  of  the  —  called  the  — ,  bound  on  a 

16* 


186 


MERCANTILE. 


voyage  to  — ,  laden  with  — ,  duly  and  carefully  sur¬ 
veyed  and  examined  the  cargo  of  the  said  — ,  which 
has  been  landed  and  stored  in  warehouses  by  order 
and  direction  of  Mr.  CD  —  of  the  said  — ,  under 
his  and  the  —  locks,  and  who  is  appointed  for  and 
by  the  said  A  B,  the  master  of  the  said  —  as  afore¬ 
said  :  We  therefore  do  hereby  certify  and  declare, 
that  on  such  survey  we  have  carefully  examined  the 
whole  of  the  said  cargo,  and  find  the  same  so  much 
damaged,  and  in  a  perishable  state,  as  not  fit  by  any 
means  to  be  reshipped.  Given  under  our  hands  this 
- —  day  of—,  in  the  year  of  our  Lord,  &c. 


Survey  of  Goods,  pursuant  to  a  Warrant  for  that 

purpose. 

C— ,  ss.  Pursuant  to  the  annexed  warrant  of 
survey  to  us  directed,  we  repaired  to  the  wharf  of  Mr. 
A  B,  situate  — ,  and  then  and  there  particularly 
viewed,  examined  and  surveyed  — ,  marked  No  — , 
landed  from  on  board  the  ship  or  vessel  called  the 
- — ,  whereof  —  is  master,  from  — ,  as  the  same  were 
produced  or  shown  to  us  by —  ;  and  we  find,  after 
duly  inspecting  the  — ,  to  be  —  (as  the  case  may  be.) 
This  we  have  done,  and  do  noW  report  at  — ,  under 
our  hands  and  seals,  upon  oath,  this  —  day  of  — . 

Sworn ,  fyc. 

Valuation  for  adj ustment  of  an  average  loss. 

We,  A  B  and  C  D,  of  &c.  being  by  virtue  of  a 
certain  writing  under  the  hands  and  seals  of  the 
master  and  freighters  of  the  ship  or  vessel  called  the 
— ,  of  the  burthen  of  —  tons  or  thereabouts,  at  an¬ 
chor  in  the  port  of  — ,  and  lately  arrived  from  — , 
in  the  island  of  — ,  dated  the  —  day  of  — ,  request¬ 
ed,  ordered  and  empowered,  to  adjust  and  settle  the 
value  of  the  goods  and  merchandize  thrown  over¬ 
board  in  the  storm  and  bad  weather,  which  the  said 
ship  met  with  in  her  voyage  from  — ,  with  the  freight 
for  the  same,  and  of  the  goods  remaining  on  board, 


MERCANTILE. 


18? 


And  of  the  ship  as  she  now  is  with  her  freight,  and 
of  the  ship’s  mainmast  cut  in  the  storm  for  the  pre¬ 
servation  of  the  ship,  do  declare  our  valuation  of  the 
premises  as  iollows  : 

In  witness ,  fyc. 


OF  PROMISSORY  NOTES. 

Common  Form. 

Portland,  June  8,  1824. 

For  value  received,  I  the  subscriber,  of  — ,  coun¬ 
ty  of- — ,  and  State  of — ,  promise  to  pay  A  B,  or 
order,  —  dollars  and  —  cents  on  demand  ( or  as  the 
case  may  be )  with  interest. 

Witness,  E  F.  CD. 

Notes  of  hand,  containing  the  words  “  or  order,” 
are  negotiable  ;  and  the  property  in  them  may  be 
transferred  to  a  third  person  by  indorsement  of  the 
name  of  the  original  payee  upon  the  back ;  of 
which  indorsement  there  are  three  kinds  :  In  blanks 
infull ,  and  restrictive.  The  first  is  simply  writing 
the  name,  which  may  be  made  in  full,  by  writing 
over  it,  “  Pay  the  contents  to  G  H.”  If  the  prom- 
issor  fails  to  pay  the  note,  and  the  indorser  is  to  be 
called  on,  the  blank  may  be  filled  up  thus,  “  For 
value  received,  I  promise  to  pay  the  within  to  G  H.” 

A  restrictive  indorsement  must  be  made  at  the 
time  of  the  transfer,  thus  :  “I  order  the  contents  of 
the  within  note  to  be  paid  to  G  H,  I  being  in  no 
way  liable  for  the  same.” 

A  note  is  said  to  be  discredited,  when  it  is  not 
paid  at  the  time  when  it  is  due ;  and  in  order  that 
the  indorser  may  be  holden,  it  is  necessary  that  he 
should  have  due  notice  of  its  non-payment,  on  that 
day.  If  such  notice  is  not  given,  or  if  the  note  is  \ 
not  indorsed  till  after  it  becomes  due,  the  promissor 
may  defend  against  the  indorsee,  in  case  of  fraud  in 
the  consideration,  no  value  received  &c.  in  the  same 
manner^  as  if  the  action  had  been  brought  by  the 


188 


MERCANTILE. 


original  payee  ,  otherwise  the  promissor  must  pay 
the  note,  and  look  for  his  remedy  to  the  person, 
to  whom  he  gave  the  same. 

In  this  State,  all  notes  discounted  at  the  banks  are 
entitled  to  three  days  of  grace,  on  the  last  day  of 
which,  notice  should  be  given  to  the  indorsers. 


CONFESSION  NOTES. 

It  is  by  law  provided,  That  every  Justice  of  the 
Peace  in  this  State  shall  have  power  within  his  coun¬ 
ty  to  take  recognizances  for  the  payment  of  debts  of 
any  person,  who  shall  come  before  him  for  that 
purpose  ,  which  recognizance  may  be  in  substance 
as  follows  : 

Know  all  men,  that  I,  A  B,  of  — ,  in  the  county 
of — ,  and  State  of  — ,  do  owe  unto  C  D,  of  — ,  the 
sum  of  — ,  to  be  paid  to  the  said  C  D,  on  the  — 
day  of —  :  and  if  I  shall  fail  of  the  payment  of  the 
debt  aforesaid,  by  the  time  aforesaid,  I  will  and 
grant  that  the  said  debt  shall  be  levied  of  my  goods 
and  chattels,  lands  and  tenements,  and  in  want  there¬ 
of,  of  my  body. 

Dated  at  — ,  this  — day  of — ,  in  the  year  of  our 
Lord  — .  Witness  my  hand  and  seal. 

A  B.  (l.s.) 

C — ,  ss.  Acknowledged  the  day  and  year  last 
abovesaid,  before  E  F,  Justice  of  the  Peace. 

Note.  Such  recognizance  must  be  recorded  at  large,  by  the  Justice, 
in  a  book  to  be  kept  by  him  for  that  purpose  :  this  is  the  same  as  a 
udgment  of  court,  or  of  a  Justice  of  the  1‘eace,  and  execution  may  is¬ 
sue  thereon,  in  twenty-four  hours  after  it  becomes  payable.  See  Laws 
of  Maine. 


OF  BILLS  OF  EXCHANGE. 

A  bill  of  exchange  is  an  open  letter  of  request, 
whereby  one  person  desires  another  to  pay  a  cer¬ 
tain  sum  of  money  at  a  certain  time  to  a  third,  or  to 
his  order,  at  a  time  therein  specified.  The  person 
making  the  bill  is  called  the  drawer  ;  the  person,  in 


MERCANTILE. 


189 


whose  favor  the  payment  is  to  be  made,  the  payee  ; 
the  person,  to  whom  it  is  directed,  the  drawee  ;  and 
after  he  has  accepted  the  same,  the  acceptor  ;  the 
person  having  possession  of  the  bill,  the  holder.  Bills 
of  exchange  are  divided  into  foreign  and  inland ; 
the  former,  when  the  parties  are  resident  abroad  : 
the  latter,  when  they  remain  within  the  same  gov¬ 
ernment  or  territory.  A  foreign  bill  of  exchange 
usually  consists  of  several  parts,  which  are  exact 
copies  of  each  other,  except  in  their  n umbers,  first, 
second ,  &ic.  ;  each  of  the  same  date,  directing  the 
payment  of  the  same  sum,  provided  the  first  and  sec¬ 
ond,  or  second  and  third  (or  as  the  case  may  be)  be 
not  paid. 

Notes  of  hand,  when  endorsed,  resemble  inland 
bills  of  exchange,  and  the  laws  and  regulations  res¬ 
pecting  them,  are  precisely  the  same. 

A  bill  of  exchange  must  be  made  in  writing, 
drawn  by  the  party  himself,  or  by  some  person  by 
him  legally  authorized. 

The  payment  of  a  bill  of  exchange  must  be  cer¬ 
tain,  and  not  depend  on  a  contingency.  No  par¬ 
ticular  form  is  necessary  for  a  bill  of  exchange  (ex¬ 
cept  in  some,  of  the  U.  S  )  Any  words  purporting 
an  assignment  of  a  debt,  or  a  promise  to  you,  will 
constitute  a  valid  bill,  &c.  It  is,  however,  pre¬ 
scribed  by  custom. 


Forms  of  Inland  Bills  of  Exchange. 

Exchange  for  $100.  Portland,  June  4,  1824. 

At  sight  of  this  my  only  bill  of  exchange,  pay  to 
Mr.  James  Prince,  or  order,  one  hundred  dollars, 
value  received  of  him,  and  place  the  same  to  account 
as  per  advice  (or  without  further  advice,  as  the  case 
may  be)  from 

WILLIAM  GOODWIN. 
To  Mr.  Henry  Pierce,  Mercht.  Boston. 


190 


MERCANTILE. 


$200.  Portland,  June  8,  1824. 

Sixty  days  after  date,  pay  to  Mr.  John  Lord,  or 
order,  two  hundred  dollars,  value  received. 

JOHN  WILSON. 

Mr.  William  Loring,  Mercht.  N.  York. 

When  bills  are  drawn  payable  at  usance,  or  at  a 
certain  time  after  date  or  sight,  they  are  not  paya¬ 
ble  at  the  time  mentioned  in  the  bill,  which  in 
the  U.  S.  are  three  ;  on  the  last  of  which  the  bill 
mnst  be  paid,  or  it  will  be  dishonored  :  if  the  last 
day  he  Christmas-day,  the  4th  of  July,  or  Sunday, 
the  bill  becomes  due  the  day  before.  When  bills 
are  payable  at  sight,  no  such  days  are  allowed. 

Foreign  bills  are  usually  drawn  payable  at  one, 
two  or  three  usances.  The  term  usance  is  French, 
and  signifies  the  time  which  it  is  the  usage  and  cus¬ 
tom  of  the  countries  between  which  bills  are  drawn, 
to  appoint  for  payment  of  them.  Double  and  treble 
usance  is  double  or  treble  the  usual  time,  and  half 
usance  is  half  that  time.  When  a  month  is  divided 
upon  half  usance,  whether  the  usance  be  one  month 
or  three,  the  division  contains  fifteen  days. 

An  acceptance  is  generally  made  by  writing  the 
word  accepted  upon  the  bill  with  the  name  or  initials 
of  the  party,  the  day,  month  and  year,  w  hich  accep¬ 
tance  is  absolute  and  cannot  be  revoked.  A  bill 
.  may,  however,  be  accepted  upon  certain  conditions , 
which  acceptance  becomes  absolute  when  the  con¬ 
ditions  are  performed  ;  or  partially ,  i.  e.  to  pay  a 
part  of  the  contents  ;  and  it  may  be  either  verbal  or 
written. 


Of  JYotice  and  Protest. 

If  a  foreign  bill  be  not  accepted  when  presented, 
it  should  be  protested  ;  and  an  inland  bill  should  be 
noted. 

A  bill  to  be  protested  or  noted ,  must  be  carried  to 
a  notary  ;  or,  if  there  be  no  notary  in  or  near  the 


MERCANTILE. 


J91 


place  where  the  bill  is  payable,  by  an  inhabitant  in 
the  presence  of  two  witnesses.  The  same  steps  are 
to  be  taken  with  respect  to  protesting  or  noting  a 
bill  for  non-payment,  except  that  notice  must  be 
given  as  well  to  the  drawer  as  all  the  indorsers. 
Notice  of  non-acceptance  ought  to  be  transmitted 
within  a  reasonable  time  after  the  protest,  w  hich 
should  be  on  the  da  y  of  refusal  to  accept,  if  any  post 
or  ordinary  conveyance  sets  out  on  that  day  :  and 
if  not,  by  the  next  earliest  ordinary  conveyance.  In 
inland  bills ,  if  the  party  reside  in  the  same  place, 
where  the  bill  was  dishonored,  notice  should  be  giv¬ 
en  on  the  same  day  or  the  day  after  at  farthest,  and 
by  that  day’s  post,  if  the  parties  are  resident  out  of 
the  same  place  :  and  in  all  cases  within  fourteen 
days.  Every  party,  immediately  on  receipt  of  such 
notice,  should  give  notice  anew  to  such  of  those 
persons  as  are  liable  to  him,  and  against  whom  he 
must  prove  notice. 


Assignment. 

Bills  of  exchange  or  promissory  notes  may  be  as¬ 
signed  or  transferred  by  delivery  or  by  indorse¬ 
ment.  Those  assignable  by  the  former  method, 
are  made  payable  to  bearer  ;  those  by  the  latter  ar,e 
made  payable  to  order.  A  common  order  is  an 
inland  bill  of  exchange. 


Of  Presentment  for  Payment. 

Bills  or  notes  should  be  presented  for  payment  by 
the  holder  or  his  agent,  or  some  person  competent  to 
give  a  legal  discharge  for  them  ;  the  demand  tor 
payment  need  not  be  personal ;  it  will  be  sufficient 
if  made  at  the  place  appointed  for  payment.  In 
case  of  the  removal  of  the  drawer,  the  holder  of  the 
bill  or  note  should  endeavor  to  find,  and  then  pre¬ 
sent  it.  If  the  drawer  be  dead,  the  bill  or  note  should 
be  presented  to  his  personal  representative,  and  if 


192 


MERCANTILE. 


there  be  none,  payment  should  be  demanded  at  the 
house  of  the  deceased.  Presentment  for  payment 
should  be  made  within  a  reasonable  time,  and  at 
seasonable  hours,  and  every  bill  or  note  should  be 
presented  upon  the  last  day  of  grace. 


Of  damages  on  Inland  Bills. 

By  a  law  of  the  State  of  Maine,  it  is  provided, 
That  when  any  bill  of  exchange,  drawn  or  endors¬ 
ed  within  this  State,  payable  at  any  place  without 
the  same,  and  within  the  United  States,  and  the  ter¬ 
ritories  thereof,  which  upon  being  duly  presented  for 
acceptance  or  payment,  shall  not  be  accepted,  or 
paid,  according  to  the  order  of  said,  or  the  terms  of 
said  acceptances,  (if  any)  and  shall  thereupon  be 
regularly  protested,  every  person  drawing  or  en¬ 
dorsing  such  bill  within  the  State,  w  ho  shall  be  lia¬ 
ble  by  law  for  the  contents  of  said  bill,  to  any  hol¬ 
der  or  party  thereto,  shall,  in  addition  to  the  con¬ 
tents  of  said  bill,  and  to  the  cost  and  lawful  interest, 
be  liable  for,  and  pay  damages,  at  the  following 
rates,  viz  :  upon  all  such  bills  payable  within  the 
States  of  New-Hampshire,  Vermont,  Massachusetts, 
Rhode-Island,  Connecticut  or  New-York,  three  per 
cent,  on  the  amount  of  such  bill  ;  if  payable  within 
the  States  of  New-Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  or  Distric  t  of  Columbia,  five 
per  cent. ;  if  payable  within  the  States  of  North- 
Carolina,  or  Soutb-Carolina,  six  percent.  ;  if  pay¬ 
able  within  an}'  other  of  the  United  States,  or  the 
territories  thereof,  nine  per  cent. 

It  is  also  provided ,  That  w  hen  any  bill  of  ex¬ 
change,  or  order  for  the  payment  of  money  drawn 
oi  endorsed  within  this  State,  for  one  hundred  dol¬ 
lars,  or  upwards,  and  payable  at  any  place  within 
the  same,  distant  seventy  five  miles  or  more,  from  the 
place  where  the  same  is  drawn  or  endorsed  as  afore¬ 
said,  which  shall  not  be  duly  accepted  and  paid  ac¬ 
cording  to  the  terms  of  the  acceptance,  the  person 


MERCANTILE. 


drawing  or  endorsing  the  same,  within  this  State,  at 
the  distance  of  seventy  five  miles  or  more  from  the 
place  of  payment,  and  who  is  liable  bylaw,  for  the 
contents  of  said  bill  or  order,  to  the  holder  thereof, 
or  any  party  thereto,  shall,  in  addition  to  the  con¬ 
tents  of  said  bill  or  order,  and  lawful  cost  thereon, 
be  also  liable  for,  and  shall  pay  damages  at  the  rate 
of  one  per  cent,  on  the  amount  thereof. 

And  further.  That  every  Notary  Public,  when  a 
foreign  or  inland  bill  of  exchange,  not  duly  honor¬ 
ed  by  the  drawee,  is  committed  to  him,  shall  on  re¬ 
quest,  go  in  person  with  such  bill  to  the  drawee  and 
demand  of  him,  or  at  his  usual  abode,  acceptance, 
or  payment  thereof  (as  the  case  may  he)  and  if  he 
neglect  or  refuse  to  accept  or  to  pay  the  same,  the 
said  Notary  Public  shall  note  a  protest  thereof,  and 
immediately  enter  of  record  a  copy  of  said  bill,  on 
his  absence  or  silence,  as  the  case  may  be,  and  on 
request,  he  shall,  to  any  demandant,  furnish  a  copy 
of  his  record,  in  due  form  of  a  protest,  under  his 
hand  and  notarial  seal :  and  in  like  manner,  all  no¬ 
tices  to  endorsers  of  promissory  notes,  and  of  the 
assignments  of  all  obligations,  contracts  or  other 
writings  obligatory  signed,  may  be  given,  noted  of 
record,  protested  and  certified  on  request  of  the  per¬ 
son  interested. 


STOCKS  OF  THE  UNITED  STATES. 

The  Stocks  of  the  United  States  are  debts  due 
from  the  government  to  individuals  and  corpora¬ 
tions  for  loans  of  monev,  who  hold  as  evidence  of 
the  same,  Certificates  of  the  respective  sums,  issued 
by  the  Commissioners  of  Loans.  The  Stocks  are 
usually  designated  by  the  rate  of  interest  they  bear, 
and  the  year  in  which  they  are  created,  and  are  as 
follows  : 


17 


194 


MERCANTILE. 


Three  per  cents.  ..  Five  per  cents  of  IS20. 

Exchanged  six  per  cents  of  1812.  ;j  Five  per  centsof  1821. 

Six  per  cents  or  1312.  Q  Exchanged  five  per  cents. 

Six  per  cents  of  1813.  C)  P^our  and  a  half  per  cent  or 

Six  per  cents  of  1814.  0  Florida  of  1824. 

Seven  per  cents  Treasury  notes  y  Exchanged  four  and  a  half  per 
Six  per  cents  Treasury  notes.  y  cents  of  1824. 

Six  per  cents  of  1815.  y  Four  and  a  half  per  cent  loan  of 

Five  percent  stock,  Bank  U.  S.  x  1824. 

Six  per  cents  of  1820.  x 

In  each  of  the  principal  States  a  Loan  Office  is 
established,  under  the  direction  of  an  officer  term¬ 
ed  Commissioner  of  Loans,  at  which  all  Certifi¬ 
cates  of  Stocks  are  registered  and  issued.  When 
Stock  is  transferred,  the  seller  appears  in  person 
or  by  attorney,  at  the  Loan  Office  from  w  hich  the 
Stock  issued,  and  endorses  on  the  Certificate  the 
amount  to  be  transferred,  for  value  received.  This 
endorsed  certificate  is  deposited  in  the  Loan 
Office,  where  it  stands  to  the  holder’s  credit  ; 
whence  a  newT  certificate  issues  to  the  assignee, 
who  is  credited  therefor  on  the  books  of  the  office. 
If  a  balance  remains  to  the  Assignor,  a  new  Cer¬ 
tificate  issues  to  him  for  the  amount.  Stock  is 
transferable  from  one  Loan  Office  to  another,  on 
a  warrant  from  the  Secretary  of  the  Treasury. 
The  books  in  the  Loan  Office  are  closed  fifteen 
days  next  preceding  each  quarterly  payment  of  in¬ 
terest  ;  and  during  that  time  no  transfer  can  be 
made.  Transfers  are  made  without  charge.  The 
interest  on  the  public  debt,  is  paid  quarterly,  to 
wit,  on  the  first  days  of  January,  April,  July,  and 
October,  in  every  year,  at  the  Bank  of  the  United 
States,  and  its  branches. 

The  market  value  of  Stocks  is  not  unfrequently 
fluctuating.  Their  value,  however,  is  mainly  de¬ 
pendent  on  the  terms  of  redemption,  the  rate  of  in¬ 
terest  they  bear,  and  the  abundance  or  scarcity  of 
money.  Like  other  personal  securities,  they  are 
purchased  and  sold  among  Merchants  and  Brokers. 
A  Certificate  of  Stock,  like  a  note  of  hand  or 
Bank  Bill,  is  the  representative  of  money,  though 
not  transferable  with  equal  facility.  Like  a  ship 


MERCANTILE. 


195 


or  vessel  in  regard  to  transfer,  the  sale  of  Stocks 
is  not  complete,  until  the  Certificate  standing  in  the 
name  of  the  Assignor  on  the  books  of  the  Loan 
Office,  is  returned  to,  and  a  new  one  in  the  name 
of  the  Assignee  issues  from  the  Commissioner  of 
Loans.  The  forms  for  the  assignment,  sale  and 
transfer  of  Stocks,  are  all  to  be  found  in  another 
part  of  this  work. 


LETTERS  OF  CREDIT. 

There  are  two  kinds  of  letters  of  credit,  special 
and  general,  commonly  not  sealed,  and  are  given  to 
persons  travelling  to  furnish  them  with  cash. 

The  writer  of  a  letter  of  credit  binds  himself  for 
the  repayment  of  all  moneys  that  may  be  advanced 
agreeably  to  the  request  contained  in  such  letter. 

An  advice,  by  post,  ought  to  follow  a  letter  of 
credit,  containing  a  duplicate  of  the  same,  and  giv¬ 
ing  a  description  of  the  bearer. 

Letters  or  bills  of  credit  are  generally  in  the  fol¬ 
lowing  form  : 

Portland,  January  17,  1824. 

This  is  intended  to  accompany  Mr.  William 
Davidson,  and  to  request  you  to  furnish  him  with 
two  thousand  dollars  of  your  money,  (or  with  any 
amount  he  may  desire  of  you,  if  you  give  an  un¬ 
limited  credit)  for  which,  please  to  take  his  bills  on 
me,  or  on  any  other  person  on  whom  he  shall 
think  proper  to  draw  them,  and  I  do  hereby  oblige 
myself  for  the  punctual  discharge  of  the  same. 

Very  repectfullv,  your  obedient  servant, 

THOMAS  CHANDLER.' 

William  Brown,  Esquire,  Merchant , 

Paris, 


196 


MERCANTILE. 


A  Letter  or  Bill  of  Credit . 

This  present  writing  witnesses,  that  I,  A  B,  of 
— ,  do  undertake,  to  and  with  CD,  of  — ,  his  ex¬ 
ecutors  and  administrators,  that  if  he  deliver  to  E 
F,  of  — ,  or  any  of  his  assigns,  to  his  use,  any 
sum  or  sums  of  money,  amounting  to  the  sum  of 
—  or  under,  and  shall  take  in  my  name  a  bill  or 
bills,  under  the  hand  of  the  said  E  F,  confessing 
and  showing  the  certainty  thereof,  that  then  I,  my 
executors  or  administrators,  having  the  said  bill  or 
bills  delivered  to  me  or  them,  shall  immediately,  up¬ 
on  receipt  of  the  same,  pay  or  cause  to  be  paid,  un¬ 
to  the  said  C  D,  his  executors,  administrators  or 
assigns,  all  such  sums  of  money  as  shall  be  con¬ 
tained  in  the  said  bill  or  bills,  for  which  payment, 
well  and  truly  to  be  made  in  manner  and  form 
aforesaid,  I  bind  myself,  my  executors,  adminis¬ 
trators  and  assigns,  by  these  presents. 

In  witness  whereof,  &c. 


ABANDONMENT. 


JYotice  of  Abandonment. 

Notice  is  hereby  given,  that  I,  A  B,  of  &c.  do  by 
this  prcsenf  abandon,  cede  and  leave  to  you  all  my 
right,  title,  interest,  claim,  property  and  demand  of 
and  in  the  ship  called  the  — ,  and  all  and  every 
part  of  her  cargo,  and  the  goods  laden  on  board 
her  by  me,  the  said  A  B,  and  do  demand  of  you  a 
total  loss  of  —  dollars  by  you  underwrote  on  goods 
and  merchandize  laden  on  board  the  said  ship  by 
me,  the  said  A  B,  valued  in  goods. 

An  Abandonment  of  Vessel  and  Cargo . 

To  all  people  to  whom  these  presents  shall  come, 
A  B,  of  B,  &c.  and  T  F,  of  C,  &c.  send  greeting. 

Whereas  we,  the  said  A  B  and  T  F,  caused  to  be 
insured  by  the  —  Insurance  Company,  lost  or  not 


MERCANTILE. 


197 


lost,  the  sun)  of  — ,  viz.  the  sum  of —  on  the  schoo¬ 
ner  I,  and  appurtenances,  and  the  sum  of —  on  her 
cargo,  from  B  to  one  or  more  parts  in  H,  one  or 
more  times,  for  the  purpose  of  selling  her  outward 
cargo,  and  purchasing  her  homeward  bound  cargo, 
and  at  or  from  either  of  them,  to  B,  or  her  first  port 
of  discharge  in  the  U.  S.  as  by  a  policy  numbered 
50,  may  appear  :  and  whereas  the  said  schooner, 
whilst  she  was  sailing  on  her  voyage  from  A  to 
B,  on  or  about  the  —  day  of  —  last  past,  ran 
ashore  at  C,  and  thereby  was,  and  ever  since  has 
been,  and  now  is.  totally  lost,  vessel  and  cargo,  to 
the  said  A  B  and  T  F.  Now  know  ye,  that  we, 
the  saicf  A  B  and  T  F,  do  hereby  abandon  to  the 
said  —  Insurance  Company,  such  proportion  of 
the  said  schooner  and  cargo,  and  of  our  interest 
therein,  as  said  sum  of  —  by  them  insured,  bears 
to  the  whole  vessel  and  cargo.  And  we  do  hereby 
constitute  J  R,  Esq.  President  of  said  Company, 
our  true  and  lawful  attorney,  in  our  names  and  oth¬ 
erwise,  but  for  the  use,  and  at  the  charges  of  the  said 
company,  to  claim,  sue  for,  recover,  and  receive 
such  proportion  of  said  vessel  and  cargo,  herein  be¬ 
fore  abandoned. 

And  we,  the  said  A  B  and  T  F,  do  hereby  for 
ourselves,  our  executors,  he.  covenant  and  grant 
to  and  with  the  said  company,  that  we,  our  &ic. 
shall  and  will  at  all  times  hereafter,  at  the  request, 
and  at  the  charges  of  the  said  company,  make,  seal, 
execute  and  acknowledge,  all  and  every  such  fur¬ 
ther  and  other  conveyances  and  assurances  for  the 
better  conveying  and  assuring  to  the  said  company, 
the  proportion  of  the  said  vessel  and  cargo  herein 
before  abandoned,  and  all  and  every  such  further 
and  other  letter  or  letters  of  attorney,  for  enabling 
the  said  company,  at  their  own  charges,  to  ask,  de¬ 
mand,  sue  for,  and  recover  the  said  proportion  of 
said  vessel  and  cargo,  as  by  the  said  company  or 

17* 


198 


MERCANTILE. 


their  counsel  shall  be  reasonably  advised,  devisee! 
and  required. 

In  testimony  whereof. \  fyc. 


NOTARIAL  CERTIFICATES. 


Of  the  due  execution  of  a  Letter  of  Attorney. 

I,  L  M,  of  — ,  notary  public,  do  hereby  certify 
and  attest  to  all  whom  it  may  concern,  that  the  let¬ 
ter  of  attorney  hereunto  annexed  was  duly  signed 
and  sealed  by  A  B,  therein  named,  in  my  presence 
and  in  the  presence  of  C  D  and  E  F.  To  the  due 
execution  thereof,  an  act  being  requested,  I  have 
granted  the  same  under  my  notarial  form  and  seal 
of  office,  to  serve  and  avail  as  occasion  shall  or  may 
require.  Done  and  passed  at  —  aforesaid,  this 
—  day  of  in  the  year  of  our  Lord,  &c. 


Of  the  Identity  of  a  Person . 

On  this  - —  day  of  — ,  before  me,  L  M,  notary 
public  of — ,  personally  canTe  and  appeared  A  B, 
of  &c.  and  C  D,  of  &e.  w  ho  severally  declared  that 
they,  these  appearers,  have  for  many  years  known 
and  been  well  acquainted  with  E  F,  son  of  G  H, 
late  of — ,  but  now  of —  ;  and  that  these  appearers 
verily  believe  the  said  E  F,  to  be  the  residuary  heir 
named  in  the  will  ofJ  K,  of  —  aforesaid,  deceased. 
And  I  do  hereby  certify,  that  the  signature  of  the 
said  E  F,  written  and  subscribed  hereunder,  is  of 
the  true  and  proper  hand  writing  of  the  said  E  F, 
he  having  subscribed  the  same  in  the  presence  of 
these  appearers,  and  also  in  my  presence. 

In  testimony  whereof  &fc. 


MERCANTILE. 


199 

i  Of  a  Duplicate  Protest. 

I,  L  M,  of  — ,  notary  public,  do  hereby  certify 
and  attest  to  all  whom  it  may  concern,  that  the 
above  aud  before  written  is  a  duplicate  or  true  copy 
of  a  certain  instrument  of  protest,  made  before  me, 
and  taken  and  subscribed  from  my  Registry  of  all 
notarial  acts  by  and  before  me  sped  and  done,  in 
book  marked  — ,  in  fob  — 

In  witness ,  <^c. 


Of  the  signature  of  a  Chief  Magistrate. 

I,  L  M,  of  — ,  notary  public,  do  hereby  certify 
and  attest  to  all  whom  it  may  concern,  that  the  sig¬ 
nature  of  A  B,  mayor,  at  the  foot  of  the  foregoing 
affidavit,  is  of  the  own  proper  writing  of  the  honor¬ 
able  A  B,  mayor  of  this  city,  in  whose  presence 
oath  was  this  day  administered  in  due  form  ot  law 
to  C  D,  the  deponent  named  in  the  said  affidavit, 
and  who  signed  the  same  in  my  presence  ;  there¬ 
fore  full  faith  and  credit  ought  to  be  given  thereto 
in  Court  and  thereout.  At — ,  this  — day  of  — 

Certificate  of  an  Account. 

I,  L  M,  of  — ,  notary  public,  do  hereby  certify 
and  attest  to  all  whom  it  may  concern,  that  the  ac¬ 
count  hereunto  annexed  is  a  true  and  faithful  extract 
from  the  book  called  the  ledger  of  Mr.  A  B,  of  — , 
I,  the  said  notary,  having  this  day  collated  the  same, 
and  found  the  said  account  to  agree  in  every  re¬ 
spect  with  the  said  ledger  ;  act  whereof  being  re¬ 
quired  of  me,  the  said  notary,  I  have  granted  these 
presents,  under  my  notarial  form  and  seal  of  office, 
to  serve  and  avail  as  occasion  shall  or  may  require. 
Done  at — ,  this  —  day  of  — ,  &c. 

Of  signatures  to  a  Policy  of  Insurance. 

I,  L  M,  of — ,  notary  public,  do  hereby  certify 
and  attest  to  all  whom  it  may  concern,  that  on  this 


200 


MERCANTILE. 


—  day  of  — ,  in  the  year  of  our  Lord  — ,  person¬ 
ally  came  and  appeared  Mr.  A  B,  of  the  said  — , 
merchant,  who  produced  to  me,  the  said  notary,  a 
policy  of  insurance,  wherein  I  saw  and  read  that 
the  said  A  B,  di$  on  the  —  day  of  — ,  now  last 
past,  and  as  well  in  his  own  name,  as  for  and  in  the 
name  and  names  of  all  and  every  other  person  to 
whom  the  same  did,  might  or  should  appertain,  in 
part  or  in  all,  make  assurance,  and  cause  himself 
and  them  and  every  of  them  to  be  insured,  lost  or 
not  lost,  at  and  from  —  to  — ,  in  the  sum  of  — , 
upon  any  kind  of  goods  and  merchandize  whatso¬ 
ever,  loaded  or  to  be  laden  on  board  the  good  ship 
or  vessel  called  — ,  whereof  —  was  master.  And  I 
do  further  certify,  that  at  the  foot  of  the  said  policy 
of  insurance,  so  produced  to  me,  the  said  notary  as 
aforesaid,  was  written  C  D,  per  received  —  day  of 
— ,  E  F,  per  received  —  day  of  — .  Of  which 
acts 


Of  Merchants  to  the  signature  of  a  Notary. 

We,  the  undersigned,  public  merchants  of  this  — 
of  — .  do  hereby  certify  and  attest,  that  L  M,  who 
bath  granted  and  signed  the  foregoing — ,  is  a  pub¬ 
lic  notary  of  — .  and  that  to  all  acts  and  instruments 
thus  by  him  signed  full  faith  and  credit  are  and 
ought  to  be  given  in  Court  and  thereout.  Dated 
at  — ,  this  —  day  of  — ,  in  the  year,  &c. 


PROTESTS. 


Protest  against  the  Sens. 

By  this  public  instrument  of  protest,  &c.  that  on 
&c.  before  me,  .1  B,  notary  public,  &c.  personally 
came  and  appeared  A  B,  master  of  the  ship  or  ves¬ 
sel  called  the  — ,  of  the  burthen  of —  tons  or  there- 


MERCANTILE. 


201 


abouts,  belonging  to  the  port  of  — ,  and  C  D,  first 
mate  of  the  said  ship  ;  who  severally  declared  that 
the  said  ship  or  vessel  being  laden  with  — ,  on  the 
—  day  of  —  last  past,  they,  the  said  appearers  set 
sail,  on  board  the  said  ship,  from  —  in  — ,  bound 
directly  to  this  port  of  —  ;  and  that  the  said  ship 
in  the  prosecution  of  her  said  voyage,  on  the  —  day 
of  the*said  month  of  — ,  was  overtaken  by  a  violent 
storm  and  gale  of  wind,  &;c.  (as  the  case  may  be)  in 
which  she  shipped  very  great  seas,  the  water  ma¬ 
king  free  passage  over  the  said  ship  ;  and  that  on 
the  —  day  of  the  said  month,  the  said  storm  con¬ 
tinuing,  the  sea  broke  away  one  of  the  dead-lights, 
which  was  lost,  and  the  said  ship  was  obliged  to  get 
before  the  wind  until  another  dead-light  was  fixed  ; 
after  which  the  said  ship  proceeded  to  this  port  of 
— ,  and  made  land  on  the  —  day  of  —  instant,  the 
wind  being  —  and  — ,  and  afterwards  made  the 
best  of  her  way  for  — ,  where  she  arrived  and  moor¬ 
ed  at  — ,  on  the  —  day  of  —  instant,  at  —  o’clock 
in  — .  And  the  said  appearers  did  further  severally 
declare,  that  the  said  ship,  at  the  time  of  her  depar¬ 
ture  from  —  aforesaid,  upon  the  said  intended  voy¬ 
age,  was  tight,  staunch,  and  strong,  and  had  her 
hatches  well  and  sufficiently  caulked  and  covered, 
and  was  well  and  sufficiently  manned,  provided,  and 
furnished  with  all  things  needful  and  necessary  for 
the  said  voyage  ;  and  that  during  the  said  voyage, 
the  appearers  and  ship’s  company  used  their  ut¬ 
most  endeavors  to  preserve  the  said  ship,  and  the 
goods  of  her  loading  from  damage:  And  there¬ 
fore  the  said  A  B,  did  declare  and  protest,  as  by 
these  presents  he  does  solemnly  protest,  against  all 
and  every  person  or  persons  whom  it  shall  or  may 
concern  ;  and  does  declare,  that  all  damages,  losses, 
and  detriments  that  have  happened  to  the  said  ship 
and  the  goods  of  her  loading,  are  and  ought  to  be 
borne  by  the  merchants  and  freighters  interested, 
or  whomsoever  else  it  shall  or  may  concern,  (by 
■way  of  average  or  otherwise ,)  the  same  having  oc« 


202 


MERCANTILE. 


curred  as  before  mentioned,  and  not  by  or  through 
the  insufficiency  of  the  said  ship,  or  neglect  of  the 
said  appearer,  his  officers,  or  any  of  his  mariners. 
Of  all  which  act,  &c. 


Entry  of  Protest. 

K  L,  master  of  the  ship  or  vessel  called  t|*e  — , 
of  the  burthen  of  —  tons  or  thereabouts,  laden  with 
— ,  sailed  from  —  on  the  —  day  of  —  last,  and  put 
into  —  on  the  —  day  of  — ,  also  last  past,  where 
he  was  wind  bound  until  the  —  day  of  the  said 
month  of  — .,  when  he  again  set  sail  and  arrived  at 
her  moorings  off  — ,  in  the  river  (or  harbor)  of  — , 
this  —  day  of — ,  18  — ,  but  fearing  damage,  enters 
his  protest  accordingly. 


Another. 

K  L,  master  of  the  ship  or  vessel  called  the  — , 
of  the  burthen  of —  tons,  or  thereabouts,  laden  w  ith 
— j  sailed  from  —  on  the  —  day  of  — ,  now  last 
past,  and  arrived  at  her  moorings  at  — ,  in  the  har¬ 
bor  of  — ,  the  —  day  of  this  present  month  of  — , 
but  fearing  damage,  enters  his  protest  accordingly. 
Dated  the  —  day  of — ,  18 — . 


Protest  of  an  Inland  Bill  of  Exchange. 

(Here  copy  the  bill.) 

On  this  —  day  of — ,  in  the  year  — ,  at  the  re¬ 
quest  of  A  B,  of  — ■,  and  bearer  of  the  original  bill 
of  exchange,  w  hereof  a  true  copy  is  above  written, 
I,  L  M,  of  the  said  town  of  — ,  notary  public,  &c. 
went  to  C  D,  on  whom  the  said  bill  is  drawn,  and  to 
whom  I  presented  the  same  and  demanded  payment 
thereof,  to  which  he  answered  that,  &ic.  Therefore, 
I,  the  said  notary,  do  hereby,  in  presence  of  the 
witnesses  hereunder  written,  protest  the  said  bill. 

Dated,  &c. 


MERCANTILE. 


203 


AFFIDAVITS. 


Affidavit  of  the  due  execution  of  a  Procuration  or 
Letter  of  Attorney ,  made  before  a  Justice  of  the 
Peace. 

A  B,  of,  he.  makes  oath  and  says,  that  he  was 
present  and  did  see  E  F,  of&c.  duly  sign,  seal,  and 
as  his  act  and  deed  deliver,  the  procuration  or  let¬ 
ter  of  attorney  hereunto  annexed  ;  and  that  the 
name  E  F  subscribed  against  the  seal  of  the  said 
procuration  or  letter  of  attorney,  is  of  the  proper 
hand-writing  of  the  said  E  F,  and  the  names  of  this 
deponent,  and  of  J  M,  subscribed  to  the  said  procu¬ 
ration  or  letter  of  attorney,  as  witnesses  to  the  due 
execution  thereof,  are  of  this  dpponent’s  and  of  the 
said  J  M’s  own  proper  respective  hand-writing. 
Sworn ,  tfc. 

Affidavit  of  the  Truth  of  a  Protest. 

C^,  ss.  A  B,  master.  C  D,  mate,  and  E  F, 
second  mate  (as  the  case  may  be)  of  the  ship  or  ves¬ 
sel  called  — ,  being  severally  duly  sworn,  do  sever¬ 
ally  make  oath  and  say,  that  the  instrument  of  pro-r 
test  hereunto  annexed,  has  been  clearly  and  dis¬ 
tinctively  read  over  to  them  these  deponents  ;  and 
that  the  several  matters  and  things  therein  contain¬ 
ed  are  right  and  true  in  all  respects  as  the  same  are 
therein  particularly  alleged,  declared  and  set  forth. 
Sworn}  fyc. 


Affidavit  of  Copies  of  Papers. 

C — ,  ss.  A  B,  of,  he.  maketh  oath  and  saith 
that  he  hath  carefully  examined  and  found  the  an¬ 
nexed  writings  in  —  pages,  to  agree  with,  and  to 
be  copies  and  extracts  from  sundry  original  letters 
signed  by  C  D,  E  F.  &  Co.  of,  he.  one  purporting 
to  he,  he  and  also  of  sundry  original  accounts  be¬ 
tween  the  said  C  D,  signed  by  the  said  D ;  all 
which  original  papers  are  now  produced. 

Sworn ,  fyc. 


TARIFF 

Of  Duties  on  Importations  by  American  Vessels , 
into  the  United  States, 

AS  AMENDED  BY  ACT  OF  CONGRESS,  PASSED  MAY  22, 1824. 


Absynth,  oil  of  15  per  cent.  ) 
Acetic  Acid  or  distilled  Vinegar 

15  per  cent? 
Acetite  of  Lead,  or  White  Lead,? 

dry  or  ground  in  oil,  4  c.  per  lb. 
Acid,  Benzoic  15  per  cent.  ( 

Muriatic  12  1-2  do.  ( 

Sulphuric  12 1-2  do.  ?, 

Acorns  -  -  15  percent.?. 

Adzes  -  -  25  percent.-. 

Agates  (precious  stones)  12  1-2  do.  -. 
Alabaster  ornaments,  or  any  manu-;. 
factures  of  Alabaster,  not  speci-; 
ally  imported  as  described  under’:- 
the  head  of  Apparatus,  15  prct.  > 
Alcornoque  bark  -  15  per  cent.  ? 

Ale,  in  bottles. — No  duty  is  charg-?*- 
ed  on  the  bottles.  The  common 
size  bottles  are  estimated  at  the  A 
Custom-House  to  contain  2  2-3A 
gallon  per  doz.  and  10  per  cent.?) 
is  deducted  for  breakage,  before?) 
casting  the  duty.  The  duty  is  ?j 
20  c.  per  gall.  V 
Imported  otherwise  than  in  bot-  V 
ties  -  15  c.  per  gall.  V 

Almonds  *  -  3  c.  per  lb. x 

Almond  paste  -  30  per  cent. 

Almond  oil  -  15  do.  X 

Aloes  -  -  15  do.  x 

Alum  -  -  $2,50  per  cwt.  A. 

Amber  (precious  stone)  12  1-2  pr.c.  A 
Ambergris  -  15  per  cent.  A 

Amethyst  -  12  1-2  per  cent.  {) 

Ammonia, salts  of,  &  volatile  15  “  A 
Ammoniac  Gum  -  15  per  cent.  A 

Anatomical  preparations  free?) 
Anchors,  iron  -  2  c.  per  lb.  y 

Anchovies,  imported  as  usual  in?) 

kegs  -  -  30  per  cent,  if 

Angelica  root  -  15  do.  y 

Angora  Goats  Wool  or  Hair  fixer 
Animals  imported  for  breed  do.;.; 

not  imported  for  breed,;-: 
whether  dead  or  alive,  if:-: 
not  enumerated  15  pr  ct.  x 
Animal  Oil  not  otherwise  enumer-A 
atcd  -  15  percent.:-: 


•:  Annato  12  1-2  pr  c. 

Anniseed,  (a  liquor,  and  oil  of) 

\  15  per  cent. 

\  Anniseed,  (seeds)  15  percent. 

A  Anthos,  oil  of  -  30  per  cent. 

Antimony,  regulus  of  free 

}  Tartrite  of  15  pr  cent. 

)  all  medical  prepara- 

tions  of  15  per  cent. 

;  Antique  Oil  -  30  per  cent. 

Antiquities,  all  collections  of,  spe- 
/  cially  imported,  &c.  See  Jippa- 
ratus  -  free 

■;  Antiquities  not  specially  imported 
as  above,  pay  a  duty  according 
:  to  what  they  are  made  of. 

•  Anvils  -  -  -  2  c.  pr  lb. 

Apparatus,  Philosophical;  instru¬ 
ments, books,  maps,  charts,  busts, 
casts,  paintings,  drawings,  engra¬ 
vings,  specimens  of  sculpture, 
cabinets  of  coins,  gems,  medals, 
and  all  other  collections  of  an¬ 
tiquities,  statuary,  modelling, 
etching  or  engraving,  specially 
imported  for  the  benefit  of  schools 
and  colleges,  and  for  the  use  of 
any  society,  incorporated  for  phi¬ 
losophical  or  literary  purposes  or 
for  the  encouragement  of  the  fine 
arts,  or  by  order  and  for  the  use 
of  any  seminary  of  learning  free 
If  not  for  special  use  as  above, 
the  duty  for  the  articles  not  spe¬ 
cially  named,  will  be  according 
to  the  materials  they  are  com¬ 
posed  of. 

Apparel,  wearing  and  other  person¬ 
al  baggage  in  actual  use,  and  the 
implements  of  trade  of  persons 
arriving  in  the  U.  S.  free 

Apples,  pine  -  15  per  cent. 

Aquafortis  r  12  1-2  do. 
Arabic,  gum  -  12  1-2  do. 

Argol  -  -  12  1-2  do. 

Arjnenian  stone  or  bole  Armenian 

15  percent. 

Arms,  fire  and  side,  not  otherwise 
enumerated  30  per  cent 


18 


206 


TARIFF. 


15  per  cent. 
15  per  cent. 
15  do. 

free 

25  per  cent, 
or  smoked  or 
2  c.  per  lb. 


Amato  -  12  1*2  per  cent,  x  Beans 

Arrack  -  -  15  per  cent.  castor 

Arrow  Root  *  15  do.  x  Bears  oil 

Arsenic  -  -  15  do.  Beaver 

Articles  of  the  growth,  produce  or  :';  Bedticking 

manufacture  of  the  U.  S.  or  their  A  Beef,  salted,  dried 
territories  and  of  their  fisheries  {)  jerk 

free  i)  Beer,  imported  in  bottles  20  c.  gal. 
F or  the  use  of  the  U.  S.  do.  ii  otherwise  than  in  bottles 
Not  enumerated  15  per  cent,  y  15  c.  per  gall. 

Artificial  flowers  30  per  cent.  V  N.  B.  for  size  of  bottles,  &c. 

Ashes,  pot,  pearl  and  common  V  see  Ale. 

15  per  cent,  x  Bees  Wax,  white  or  bleached 
15  do.  x  15  per  cent. 

25  do.  x  Bellows  30  do. 

25  do.  ,X.  Bells  25  do. 

B  A  Belts  for  swords,  with  gold  or  sil¬ 

ver  thread  w  ove  in  with  the  silk 
or  other  materials  20  per  cent. 


Assafoetida 

Augers 

Axes 

Bacon 


Basgage 


3  c  per  lb.  A 
personal,  in  actual  use,  A 
of  persons  arriving  in  U.  S.  free  A 
Bagging,  cotton  3  3-4  c.  pr  sq.  yd.  i) 

Bags  See  materials  they  are  (j 
made  of.  ij 

Bags  in  which  sugar,  coffee,  salt  or  V  Benzoic  acid, 
any  like  article  is  usually  V  benzoin 


embroidered  with  the  needle, 
with  gold  or  silver  thread, 
this  forming  the  material  of 
chief  value  12  1-2  per  cent. 

or  flor  or  flower 
15  percent. 


imported,  if  full  free  >:  Benzoin  gum  -  15  do. 

linen,  empty  25  per  cent,  y  Bergamot,  and  oil  or  essence  of 
grass  &  gunny,  empty  15  do.  x  30  per  cent. 

Balls,  billiard,  ivory  &  bone  15  do.  x  Berries,  juniper  -  15  do. 

Balsams,  medicinal  as  well  as  cos- x  yellow,  for  dying  12  1-2  do. 

metic  30  percent.  Billiard  balls  (ivory  or  bone) 

Bamboos  -  freer,  15  per  cent. 

Barley  -  -  15  per  cent.  A  Bismuth  15  do. 

Bar  Iron,  manufactured  by  rollingA  oxide  of  15  do. 

3  c  per  lb.  (;  Black,  Frankfort  15  do. 

without  rolling  90  c.  pr  cwt. !.)  ivory  and  lamp  15  do. 

Bar  Lead  -  -  2  c.  per  lb.  !.j  Black  lead  -  -  15  do. 

Bais,  brass  (this  means  nothing  V  Black  glass  bottles — see  Bottles. 


15 

25 

25 


per  ct. 

44 


12 


1-2 
20 
15 
4  c. 


free, 
per  ct. 

44 


but  pigs  of  a  better  shape)  free  V  Blacking 
Bars,  tin  do.  Blankets,  of  wool 

Bark,  alcarnoque,  winter  or  canel-x  of  cotton 

la  alba,  Casearilla  and  Peruvian  x  Block  tin 

15  per  cent,  x  Blondes  silk  lace 
Bark  of  the  cork  tree  or  any  other  x  Blue,  Prussian 
tree  except  medicinal,  un-.-v  pots 
manufactured  -  free. A  vitriol  - 
of  the  tree,  manufactures  of,  A  Bodkins,  of  ivory  or  bone  1 
such  as  Madrass  Handkfs.  A  of  silver 

15  per  cent.  A  of  steel 

Barilla  ...  free?)  Bole  Armenian  - 
Barytes  -  -  15  per  cent,  y  Bolt  Iron  See  Iron. 

Baskets,  of  palm  leaf  or  any  other '-jjiolrtng  cloths 

baskets  made  as  usual  3t>  pr  ct.  V  Bolts,  copper  or  comp. 
Basket-Carriages  for  children  V  Bombazetts 

30  per  cent.;-:  Bone,  whale  and  manufactures  of 
Battledores  -  15  per  cent.  X  whale-bone  not  enumerated 

Beads,  of  glass.  See  Glass.  v  15  per  cent, 

ofprecious stones  121-2  pc.  >;  Bone,  manufactures  of,  not  enu- 


per  lb. 
5  pr  ct. 
-  121-2  “ 
25  ‘* 
15  per  cent. 

15  per  cent. 

4  c.  pr  lb. 
25  percent. 


of  other  materials,  see  that;-: 
material. 


merated 


15  per  cent 


TARIFF. 


207 


Bonnets  or  hats,  Leghorn,  and  of; 
straw,  chip  or  grass  50  pr  cent.  :• 
N.  B.  50  pr  cent,  duty  on  $1  pi  > 
hat  or  bonnet  is  to  be  charg-? 
ed  on  such  as  do  not,  with  ( 
the  addition  of  10  per  cent.  ( 
to  the  invoice,  come  up  to( 
$1  each.  ( 

Books,  specially  imported,  &c.  ? 

See  Apparatus.  ? 

printed  previously  to  1775,-. 
and  in  other  languages1;, 
than  the  English  (except;, 
latin  and  greek,) 

4  c.  per  vol.  > 
in  latin  and  greek,  when-’ 
bound  15  c.  per  lb.  ? 

do.  do.  not  bound? 

13  c.  per  lb.  ? 
all  others,  when  bound  ( 
30  c.  per  lb.  ( 
do.  when  in  sheets  or? 
boards  26  c.  per  lb.  ? 

Boots,  laced,  or  bootees  $1,50  pair? 

Borax  -  -  15  per  cent.  ? 

Botany,  specimens  of  -  free1;. 

Bottles,  blk.  quart  glass  $2  pr  gro.  ;• 
do.  over  1  and  not  exceed-’:- 
ing  2  qrts.  $2,50  pr  gro.  ’:■ 
do.  over  2  qts.  and  not  ex- 
ceeding  1  gal.  $3  pr  gro.  ? 

Boxwood,  unmanufactured  free? 

Brads,  not  exceeding  16  oz.  per  M.  ? 

5  c.  per  M  ( 
exceeding  16  oz.  per  M.  ( 
5  c  per  lb.  ? 

Braids  for  making  hats  and  bon-? 
nets  -  -  50  per  cent.  ? 

Bran  -  -  15  do.  ? 

Brandy,  1st  &  2d  prf.  38  c.  pr  gal.  ? 
3d  proof  42  do.  ; 

4th  do.  48  do.  ;• 

Brandy  Fruits,  that  is,  fruits  pre-  :• 
served  in  brandy  30  per  cent. 

Brass,  manufactures  of  all  kinds  of.- 
or  of  which  brass  is  a  component; 
material,  not  otherwise  specifi-/ 
ed  -  -  -  25  per  cent.  ( 

Brass  Nails  -  4  c.  per  lb  ? 

in  pigs  -  -  free? 

in  bars,  that  is  in  pigs  of  a? 

belter  shape  -  free? 
old,  fit  only  to  be  remanu-? 
factured  -  -  free? 

Brazilpebbles  prepared  for  specta-? 
cles  -  -  12  1-2  percent. ? 

Brazil  and  Brazilletto  wood  free? 

Bricks  -  -  15  percent.;- 

Bridles  -  -  30  per  cent.’ 


;  Brimstone  or  Sulphur  whether 
crude,  in  rolls  or  flour  sulphur 

free 

Bristles  -  -  3  c  per  lb. 

Bristol  brick  -  15  percent. 

stones  -  12  1-2  do. 

Bronze,  that  is  articles  not  enume¬ 
rated,  manufactured  from  bronze 
25  per  cent. 

Brooms  30  do. 

Brown,  Spanish,  considered  as  dry 
ochre  -  -  1  c.  per  lb. 

Brushes  -  -  30  percent. 

Buckles  -  -  20  do. 

Building  Stones  -  15  do. 

’  Bullion  ...  free 
Burlaps  -  -  15  per  cent. 

.  Burr  Stones,  unwrought  free 
;  Busts,  specially  imported,  &c.  See 
:  Apparatus  -  -  tree 

;  not  specially  imported  as  a- 
i  bove,  pay  according  to  the 

materials  they  are  made  of. 
!  Butter  -  -  5  c.  per  lb. 

;  Button-Moulds  -  20  per  cent*. 

1  Buttons  -  -  20  do. 

1  Buttons,  pearl  -  20  do. 

:  Butts,  hinges  of  all  kinds  25  do. 

:  C 

•  Cabinets  of  coins,  specially  im- 

i  ported — see  Apparatus,  free, 

i  Not  specially  imported  as 

i  above,  if  gold  or  silver,  free, 

j  Not  specially  imported  as 

•  above,  if  copper,  25  per  ct. 

:  Cabinet  wares  30  do. 

:  Cables,  tarred  -  4  c.  per  lb. 

Iron,  or  chains, 
or  parts  thereof,  3  c.  do. 
N.  B. — No  drawback  is  allowed 
;  on  the  exportation  of  iron  cables, 

:  or  parts  thereof. 

:  Calimancoes  -  -  25perct. 

\  Calaminaris,  lapis  -  free. 
Calf  skins,  dry,  salted  or  pickled, 
]  untanned,  free. 

tanned,  30  per  ct. 

:  Calicoes— see  cotton  manufactures. 
i  Calomel,  -  -  15  per  ct. 

Cambrics,  cotton — see  cotton  ma¬ 
nufactures. 

linen  25  per  ct. 

Camel’s  hair,  -  -  free. 

Camlets,  -  -  25  per  ct. 

Camomile  flowers,  15  “ 

Camphor,  refined,  12  c.  per  lb. 

crude,  8  c.  “ 

Camwood,  ...  free 
•' Canary  seed,  -  -  ISperct. 


208 


tXRIFF. 


Candles,  tallow  -  5  c.  per  lb. 

spermaceti,  8  c.  “  •>: 


wax,  6  c. 


Candlesticks — see  manufactures;-: 

of  the  material  they  are  made  of.  X 
Canella  alba,  or  winter’s  bark,  ?\ 

1 5  per  cent.  A 
Canes,  or  walking  sticks,  30  “  A 

Cannon,  of  cast  iron  1  c.  per  lb.  A 
of  brass  25  per  ct.  A 

Cantharides  -  -  15  “  (j 

Canton  crapes — see  silk.  y 

Canvass  carpets,  (flax)  y 

20  c.  per  sq.  yd.  L* 
Capers,  -  -  30  per  ct.  v 

Caps  or  hats, of  fur,  lea-  >■ 

ther  or  silk,  30  “  v 
of  chip  or  straw,  50  “ 
of  wool,  -  -  30  “  x 

Caps  for  women,  -  30  “  >• 

Caraway,  oil  ol  -  -  30  “  A 

seed,  -  15  “ 

Carbonate  of  magnesia  A 

and  of  soda,  -  15  “  A 

Cardamon,  or  cardamon  y 

seed,  -  -  15  “  O 

Cardamum,  cardamo-  y 

mum,  and  do.  seed,  15  “  y 
Cards,  playing  30  c.  per  pack.  V 
visiting  -  30  per  ct. 

Carmine,  -  15  “ 

Carpets  and  carpeting,  Brussels,  (:•; 
Turkey  &  Wilton,  X 

50c.  per  sq.  yd.  x 
Venetian  and  ingrain,  a 
25  c.  per  sq.  yd.  A 
all  other  kinds  of,  made  A 
of  wool,  flax,  hemp  or  A 
cotton,  or  parts  of  either,  (} 
20  c  per  sq.  yd.  ('■ 
of  oil  cloth,  30  per  ct.  it 
all  other  kinds  of,  madey 
of  tow,  flags,  or  anyv‘ 
other  material,  30  pr  cl. 
Carriages,  of  all  kinds 

and  parts  thereof,  30  “ 

Carui,  oil  of  -  -  30  44  )•: 

Cascarilla  bark,  -  15  44  x 

Cashmere  shawls  and  >• 

gown  patterns,  25  “  r, 

gowns,  ready  made  30  “  n 

Cassia,  Chinese  -  6  c.  per  lb.  A 

Sumatra  and  Calcutta,  A 
6  c.  per  lb.  (> 
oil  of  -  15  per  ct.  (> 

Cast  iron  vessels,  not  otherwise y 
specified  1  1-2  c.  per  lb.  y 

Castings  of  iron  not  oth-  v 

erwise  specified,  1  c  pr  lb.  V 

Castor  beans,  -  *  15  prefix 


Castor  oil,  -  -  40  c.  per  gal. 

Castors,  (for  the  table)  according 
to  the  material  of  chief  value 
they  are  made  of. 

Castorum,  15  per  ct. 

Casts,  specially  imported,  &c. — see 
Apparatus. 

Not  specially  imported  as 
above,  pay  according  to  the 
material  of  chief  value  they 
are  made  of- 

Catechu  or  terra  japanica, 

15  per  efi 

Catgut,  -  -  15  “ 

Caustic,  common,  or  la¬ 
pis  infernalis,  15  “ 
Lunar  er  ni¬ 
trate  of  silver,  15  “ 
Cayenne  pepper,  15  c.  per  lb. 
Celtze,  or  celtzer  water,  15  per  ct. 
Cement,  Roman  15  44 

Ceruse  or  acetite  of  lead,  or  white 
lead,  dry  or  ground  in  oil, 

4  c.  per  lb. 

Chain  cables  and  parts 
thereof,  -  3  c.  “ 

N.  B. — No  drawback  is  allowed 
on  the  exportation  of  this  article. 
Chairs  -  -  -  30  per  efi 

Chalk,  red  (not  Spanish 

brown)  and  white  15  44 

Chamomile  flowers  15  “ 

Charts,  specially  imported,  &c. — 
see  Apparatus,  free 
not  specially  imported  as 
above  -  ISperct. 
Cheese  -  -  9  c.  per  lb. 

Chemical  Salts  not  otherwise  enu¬ 
merated  15  per  ct. 
preparations,  not  other¬ 
wise  specified  15  per  efi 
Cheroots  or  indiacigars  10  c.  pr.  lb. 
Cherry  Rum  -  -  ISpercL 

Chesnuls  -  -  15  “ 

China  Silks  (till  Jan.  1, 

1825)  -  -  15  44 

after  that  time  25  44 
ware  -  20  44 

Chinese,  Cassia  -  6  c.  per  lb. 

Chissels  25  per  ct. 

Chocolate  -  4  c.  per  lb. 

Ciar  rope  -  -  5  c.  “ 

Cicuta  or  Hemlock  15  per  ct. 
Cigars  $2  50  per  M. 

Cinchona  or  Peruvian  bark 

15  per  ct. 

Cinnamon  -  -  25  c.  per  lb. 

oil  of  -  15  per  efi 

Citron  -  ■«  -  15  44 

Clay,  unwrought  -  -  fre* 


TARIFF. 


209 


Clocks  -  -  -  15  per  ct. 

Clothing,  ready  made  30  “  :• 

in  actual  use  of  persons:* 
arriving  in  the  U.  S.  free  :• 
Cloths,  see  manufactures  of  the.* 
materials  they  are  made  of.  ,* 
Cloths,  that  is  oil-cloths  of  all  de-:* 
scriptions,  and  painted  floor- ( 
cloths  -  -  30  per  ct.  ( 

Cloves  -  -  25  c.  per  lb.  ( 

oil  of  -  -  15  per  ct.  ( 

Coaches  -  -  -  30  “  i 

Coach-furniture  -  25  “  \ 

Coac'nlaces  35  per  cent  \ 

Coal  -  6  c.  per  heaped  bushel. 

Cochineal  -  -  12  1-2  per  ct. ;. 

Cocoa  -  -  -2  c.  per  lb.  ;■ 

Cocoa  nuts  -  -  15  per  ct.  :• 

shells  -  -  15  “  * 

Colfee  -  -  -5  c.  per  lb.  * 

Coin,  gold  or  silver  -  free,  ( 
copper  -  -  25  per  ct.  ( 

Coins,  cabinets  of,  specially  im-( 
ported,  see  Apparatus,  free.  ( 
cabinets  of,  not  specially: 
imported  as  above,  if  cop-'!, 
per  -  -  25  per  ct.  t. 

Coiar  rope  -  -  5  c.  per  lb. 

Colcother,  a  kind  of  Spanish-, 
brown,  or  ochre,  dry  1  c.  per  lb.  ;, 
ground  in  oil  1  1-2  c.  “ 

Cold  cream, (a  perfumed  cosmetic) 

30  per  ct.  * 

Collections  of  antiquities — see  Ap-.* 
paratus.  f 

Colocynth  or  coloquintida  15  p.  c.  r 
Cologne  water  -  30  “  ( 

Colors,  water, not  specified  15  “  ( 

Columbo  root  -  -  15  “  i 

Combs,  iron  or  steel  25  “  i. 

ivory,  shell  or  horn  15  “ 
Comfits  or  sweetmeats  preserved-. 

in  sugar  or  brandy  30  per  ct.  -. 
Compasses  -  -  25  “  ;• 

Composition  rods,  bolts,  spikes  or;- 
nails  -  -  4  ct.  per  lb.* 

Coney  wool  for  hatter’s  use  free.  * 
Confectionary,  preserved  in  sugar,;-;. 

or  brandy  -  30  per  ct.  A 

Copal,  gum  -  -  15  “  (\ 

Copper  rods,  bolts,  spikes  or  nails () 

4  c.  per  lb. 

Copper,  all  manufactures  of,  or  of/ 
which  copper  is  the  material U 
of  chief  value,  not  otherwise  U 
specified  -  25  per  ct. 

imported  for  the  use  of  the;.; 

mint  -  -  -  free/:*: 

in  pigs  -  -  -  “  X 

in  bars,  that  is  pigs  of  a  bet  ter  v 
shape  -  -  -  free/ 

17* 


Copper  in  plates,  suited  to  the 
sheathing  of  ships,  that  is  sheet 
copper,  about  14  by  48  inches, 
and  weighing  14  to  34  oz  per 
sq.  foot  -  -  -  free 

Copper,  old,  fit  only  to  be  re-man¬ 
ufactured  ...  free 
Copper  bottoms,  cut  round,  and 
copper  bottoms  raised  to  the 
edge,  still  bottoms  and  parts 
thereof  15  per  ct. 

:  Copper  in  plates  or  sheets,  weigh¬ 
ing  more  than  40  oz.  per  square 
:•  ft.  commonly  called  brazier’s 
r  copper  -  -  15  per  ct 

!  Copper  plates  to  engrave  on  15  do. 
Copper,  sulphate  of  12  1-2  do. 

Copper,  all  vessels  of  35  do. 

'  Copperas  -  $2  per  cwt. 

.  Coral  -  -  15  per  cent. 

.  Cordage,  tarred  -  4  c.  per  lb. 

untarred  -  5  c.  do. 

•  Cordials  -  -  15  per  cent. 

■  Cork,  that  is  tire  bark  of  the  cork 
tree  unmanufactured  -  free 

1  Corks  -  -  12  c.  per  lb. 

Corn  of  all  kinds  -  15  do. 

Cornelian  Stones  12  12  do. 
Corrosive  Sublimate  15  do. 
Cosmetics  -  -  30  do. 

Cotton  -  -  3  c.  per  lb. 

Cotton  bagging  3  3-4  c,  pr  sq  yd. 
Cotton,  all  manufactures  of, "or  of 
which  cotton  is  a  component  ma¬ 
terial  not  otherwise  specified 

25  per  cent. 
N.  B.  25  per  cent,  duty  on  30  c. 
per  sq  yd.  is  to  be  charged  on 
such  cotton  cloth  (nankeens 
direct  from  China  excepted) 
as  does  not  with  the  addition 
of  20  per  cent,  to  the  Invoice, 
if  imported  from  the  Cape  of 
Good  Hope  or  places  beyond 
it ;  and  of  10  per  cent,  if  from 
any  other  place,  come  up  to 
30  c.  per  sq.  yd.  that  is,  the 
lowest  rate  of  duty  is  7  1-2  c. 
per  square  yard. 

Also  N.  B.  Unbleached  and  un¬ 
colored  cotton  twist,  yarn  or 
thread,  the  original  cost  of 
which  shall  lie  less  than  60  c. 
per  lb.  shall  be  charged  with  u 
duty  as  if  it  cost  60  c.  per  lb. ; 
and  all  bleached  and  colored 
cotton  yarn,  twist  or  thread, 
the  original  cost  of  which  shall 
be  less  than  75  c.  per  lb.  shall 
be  charged  with  a  duty  as  if 
it  cost  75  c.  per  lb. 


210 


TARIFF. 


12  1-2  pr  cent.  ( > 
25  per  cent.  A 
12  1-2  pr  ct.  (; 


Court  Plaister 
Cowage  or  Dolicos 
Cranks,  mill,  wrot. 

Crapes. — See  Silk. 

Crayons 

Cream  Tartar  - 
Crucibles 

Crude  or  Red  Tartar 
Crystals. — See  Glass. 

Cudbear 
Cummin  Seed 
Curcuma 
Currants 

Cut  Glass,  all  wares  of,  not  other 
wise  specified  -  3  c.  pr  lb. 

and  in  addition  thereto  an  adx 
valorem  duty  of  30  per  cent,  x 


5perct-x  See  Apparatus  -  free 
15  do.  x  Engravings  not  specially  imported 
iron  4  c.  pr  lb.  x  as  above  -  25  per  cent. 

A  Epaulettes,  and  Wings  (a  kind  of 
15  percent^  epaulettes)  12  1-2  per  ct. 

Sergeants  Knots  of  wool,  cot¬ 
ton,  or  silk — see  manufac¬ 
tures  of  the  materials  they 
y  are  made  of. 

y  Epsom  Salts  -  4  c.  per  11). 

y  Essences,  Burgamot 
v  Lavender 


12  1-2 
15 

12  1-2 


do. 

do. 

do. 


3  c.  per  lb,  v 


Cutlery 


20  do. 


Orange 
Roses,  otto 
of  roses 
Rosemary 
Thyme 


C  *■« 

5 

S  G- 

C/3 

nj  t/3 

U  0> 

®-c  P 

-G  4}  — 


2 

C3  O 


a 

o 

o 

<3 

c, 

o 

CO 


D 


a  Essences  not  used  as  perfumes — 
See  Oils  -  15  percent. 

Damasks. — See  manufactures  of  A  Etching  or  engraving  specially  im- 
the  material  they  are  made  of.  A  ported,  &c.  See  Apparatus  free 


Dates 
Demijohns 
Diapers 

Dice,  ivory  or  bone 
Distilled  Vinegar 
Diuretic,  Sal 
Dolicos  or  Cowage, 


15  per  cent.  A  Etching  not  specially  imported  as 
25  c.  each Cj  above  •  -  15  percent. 

25  per  cent.  0  Ether,  sulphuric  -  15  “ 

15  do.  0  F 

15  per  cent.  V  Fans  -  *  30  per  cent. 

15  per  cent,  v  Feathery,  ornamental,  manufactu- 
15  “  x  red  or  unmanufactured  30  pr  ct. 

Dolls,  dress’d  or  undress’d  30  “  Feathers  for  bed3  -  15  pr  ct. 

Down  of  all  kinds  15  per  cent,  x  Felt,  patent  adhesive,  for  covering 
Dragon’s  blood  -  15  “  x  ship’s  bottoms  (until  June  30, 

Drawing  Pencils  -  30  “  1826)  ...  free 

Drawings,  specially  imported,  &c.  A  after  that  time  12 1-2  pr  ct. 

See  Apparatus  -  -  free  A  Fennel,  and  oil  of  15  percent 

Drawings  not  specially  imported  as  A  Fiddles,  of  wood 
above  -  15  per  cent.  A  Figs 

Drugs,  dying,  not  subject  to  other (5  Filberts 

rates  of  duty  12  1-2  per  cent,  y  Fire  arms,  not  otherwise  specified 
Drugs,  medicinal,  not  subject  tof;  30  per  cent 

ot  her  rates  of  duty  15  pr  ct  A  Fire  Crackers  -  15  “ 

Duck,  sail  -  15  “  i)  Fish,  cod,  haddock,  pollock,  dried 

Dutch  Pink  -  1>  “  y  or  salted;  &  other  foreign  caught, 

Dye  Woods  ...  freey  rrot  enumerated  $1  per  cwt. 
Dying  drugs  and  materials  for  com- V  Fish,  Herring,  smoked  15  pr  ct. 


30 

3  c.  per  lb. 
15  per  cent. 


Mackerel  -  $1,50  pr.  bbl. 

Salmon,  pickled  or  dry  salted 
$2  per  bbl. 
Salmon,  smoked  15  per  ct. 
all  other  pickled  $1  per  bbF. 


posing  dyes,  not  subject  to  other-.; 
rates  of  duty  12  1-2  per  cent.  V 
E  x 

Earthen  Ware  20  per  cent,  x 

Elephants  Teeth  15  “  ,x 

Embroidery,  done  with  a  needle,  A  Fish  Glue,  called  isinglass  15  prct. 
and  with  thread  of  gold  orn  Fishing  nets  -  5  c.  per  lb. 

silver  -  12  1-2  pr  cl  A  Flags,  that  is  mats  of  grass  or  flags 

not  done  with  a  needle  ;  or  if  A  30  per  cent 

done  with  a  needle,  but  with  A  Flat  Irons  -  -  1  c  pr  lb. 

silk,  thread  or  chinelle,  &c .y  Fiats  lor  making  hats  and  bonnets 
See  Silk.  y  50  percent 

Emery  -  -  15  per  cent.  >•  Flax  -  -  15  “ 

Emetic,  that  is  tartar  emetic  15  “.  v  Flax,  all  manufactures  of,  not  oth- 
Enamel  -  -  15  percent.;-:  erwise  specified  25  per  cent 

Engravings,  specially  imported, &c  Flies,  Span,  or  cantharides  15  prct 


Tariff. 


211 


Flints  -  -  15  per  cent  V 

Floor  cloths,  painted  30  per  cent  x 
Flor,  benzoin  and  chamomile,  a 

1 5  per  cent  A 
Flour,  wheat  -  50  c  per  cwt  A. 

Flour,  sulphur  -  free  A 

1'  lowers,  artificial  30  per  cent  () 
benzoin  chamomile  and  ■} 
mash  mallows  15  pr  ct.  ij 
Flutes,  of  wood  -  30  “  ij 

of  ivory  or  bone  15  “  '■) 

Foreign,  caught  Fish — See  Fish,  y 
Frames  for  umbrellas  and  para-V 
sols  30  per  cent 

Frankfort  Black  -  15  “  x 

Frankincense  -  15  “ 

French  Green  -  15  u  x 

Fringes. — See  manufactures  of  the--; 

material  they  are  made  of.  j) 
Frocks,  Guernsey  -  30  per  cent  A 
Fruits  preserved  in  brandy,  in  su-A 
gar,  or  pickled,  not  otherwise () 
specified  -  30  per  cent  A 

Fruits  of  all  kinds  not  specified,  &  ij 
not  preserved  in  sugar  dr  brandy,  V 
nor  pickled,  and  not  used  princi-v 
pally  in  dying  15  per  cent;.; 

Furniture,  that  is  coach  and  har-x 
ness  furniture  25  per  cent 

Furs,  undressed,  of  all  kinds  free  :■[ 
dressed  (other  than  hats  or  a 
caps)  -  15  per  cent  A 

F ur  hats  or  caps  30  per  cent  A 

Fustic  ....  free  A 

G  „  0 

Galbanum  gum  15  p.  c.  (> 

Gallengal,  orgallengal  root  15  “  ij 
Galloons. — See  manufactures  ofO 
the  materials  they  are  made  of.  y 
Galls,  nut  -  *  12  1-2  p.  c.y 

Gamboge  gum  -  15  percent-.; 

Garden  seeds  -  .  15  *  “ 

Garnets,  a  prec.  stone,  12  1-2  p.  c. 
Gauze. — See  silk  x 

Gems,  specially  imported,  &c. —  x 
See  Apparatus  free  A. 

not  specially  imported  as  A 
above  12  1-2  per  cent.A 
Gentian  or  gentian  root  15  p.  c.  A 
Gilt  wares  of  all  kinds  25  “  (j 
Gin,  1st  proof,  42  c.  pr.  gal. O 

2d  do.  45  “  u 

3d  do.  43  «  0 

4  th  do.  52  “  y 

Gin  cases  -  -  20  percent';/ 

Ginger  -  -  2  c.  per  lb. 

Ginseng  -  -  15  per  cent x 

Girandoles  or  candlesticks,  with  X 
branches  made  of  metal  as  us- 
ual  -  -  -  25  percent# 


Glass,  black  bottles. — See  bottles; 
All  wares  of  cut  glass,  not 
specified  3  c.  pr.  lb. 
&  in  addition  thereto  an 
ad  valorem  duty  of  30  p.c. 
All  other  articles  of  glass, 
not  specified  2  c.  per  lb. 
and  in  addition  thereto 
an  ad  valorem  duty  of 
20  per  cent 
Vials.— See  Vials. 

Window,  see  window  glass 
Glauber  salts  -  2  c.  per  lb. 

Globes  -  -  15  per  cent 

Gloves,  leather  of  all  kinds, 

30  per  cent 
other  kinds  of. — see  man¬ 
ufactures  of  the  mate¬ 
rial  they  are  made  of. 
Glue,  (other  than  fish  glue  called 
isinglass)  5  c.  per  lb. 

Goats’  hair  or  wool  '  free 
skins  in  the  hair  “ 

do.  tanned  30  per  cent 
Gold,  articles  composed  of,  or 
chiefly  of  gold,  silver,  pearl 
and  precious  stones 

12  1-2  per  cent 
coin  ...  free 
lace  -  -  12 1-2  per  ct. 

leaf  15  “ 

watches  -  12  1-2  per  ct. 

Gowns,  cashmere,  ready  made 

30  per  cent 
not  made  up,  called  cash- 
mere  gown  patterns, 

25  per  cent 

Grapes  -  -  15  “ 

Grass,  that  is  mats  of  grass,  or 
flags,  30  per  cent 

ropes  5  cents  per  lb. 

Green,  French,  mineral  and  olym¬ 
pian  15  per  cent 

Grindstones  15  “ 

Guava  jelly  30  “ 

Guernsey  Frocks  30  “ 

Guiac,  or  guiacum  gum  15  per  ct. 
Guitars,  of  wood  30  per  cent 
Gum,  aloes  and  ammoniac 

15  per  cent 
arabic  12  1-2  per  cent 

Assafoetida,  benzoin,  cam¬ 
phor, copal, dragons  blood, 
elastic,  galbanum,  gam¬ 
boge,  guiac  or  guiacum^ 
kino,  lac,  manna,  mastic, 
myrrh, sandarac,scamony, 
shellac,  thus,  and  traga- 
ctmth  15  per  cent 


1 1 


lv} 

I'- 

\i  ? 


2 12 


TARIFF. 


Gum,  Senegal  12  1-2  per  rent:-:  Hour  glasses — see  glass. 

Gunnies,  or  gunny  bags  15  pr  ct.  X  Hyacinth  15  per  ci. 

Gunpowder  -  8  c  per  lb.  X  I 

Gypsum  or  Plaster  Paris  free/-.  Iceland  moss  -  15  do. 

II  X  Implements  of  trade  of  persons 

Hair,  angora,  goats  or  camels,  free.  A  arriving  in  the  U.  States  free, 
horse  or  any  other  not  eim-;)  India  rubber  -  -  15  perct. 

merated,  and  which  may  not  i)  Indigo  -  -  15  c.  per  lb. 

pass  as  “  undressed  furs  used  Ink,  China,  powder,  for  printing 
entirely  for  the  manufacture  y  or  writing,  or  indelible  15  p.  c. 
of  hats”  -  -  15  per  ct.  V  Instruments,  specially  imported — 

Hair  cloth  30  do.  V  see  Apparatus ,  free, 

powder  -  -  15  do.  not  specially  imported  as 

seating  -  -  30  do.  above,  pay  according 

Half-hose — see  manufactures  ofx  to  the  material  of  chief 

the  material  they  are  made  of.  X  value  they  are  made  of. 

Hammers, blacksmiths’ 2  l-2c.p. lb.  A  Inventions,  that  is  models  of  ma- 
Hams  and  other  bacon  3  do.  A  chinery  &  other  inventions  free. 
Hangings,  paper  -  40  per  ct.  A  Ipicac  or  ipicacuhana  15  per  ct. 

Hard  ware,  all  articles  of,  not  oth- A  Iris  root  -  15  do. 


ervvise  specified, 
Hares’  hair 
Harness 

Harness  furniture 
Harps  ... 
Hartshorn 
Hatchets 

Hat  covers  of  oil-cloth 


25  per  ct.  ;}  Iron,  anchors  and  anvils  2  c.  p.  lb. 
free,  ii  cables  or  chains,  and  parts  of 


30 

25 

30 

15 

25 

15 


perct. 

do. 

do. 

do. 

do. 

do. 


Hats,  Leghorn.  See  bonnets. 


3  c.  per  lb. 

V  N.  B. — No  drawback  is  allowed 

V  on  iron  cables  or  parts  thereof,  on 

V  the  exportation  of  the  same. 

Iron,  in  bars  or  bolts,  not  raanu* 

x  factured,  in  whole  or  in 

part,  by  rolling,  that  is  Rus- 


of  fur 

30  do.  X 

sia  and  Swedes  iron 

of  leather 

30  do.  X 

90  c.  per  112  lbs. 
round  iron,  or  braziers’  rods, 

of  other  material 

30  do.  X 

Hautboys 

30  do.  A 

of  3-16ths  to  8-16tbs  of  an 

Haversacks  of  leather 

30  do.  ;) 

inch  diameter,  inclusive 

Head  dresses,  that  is, 

ornaments  ii 

3  c.  pei  lb. 

for  head  dresses  30  per  ct.  y  in  nail  or  spike  rods,  slit 

Hearth  rugs  -  -  30  do.  \J  3  c.  per  lb. 

Hellebore  root  -  15  do.  V  in  sheets, &  hoop  iron  3  c.  p.  lb 

Hemlock  or  cicuta  15  do.  slit  or  rolled  for  casement 

Hemp  -  -  $35  per  ton.  rods,  for  band  iron  and 

Hempen  cloth,  or  of  which  hemp):'  scroll  iron  3  c.  per  lb. 

is  a  component  material,  not>-  N.  B. — Iron  in  bars  and  bolts,  is 
otherwise  specified,  25  per  ct.  X  universally  manufactured  by  rol- 
Hemp  seed  oil  25  c.  per  gal.  X  ling,  in  G.  Britain. 

Herrings— seejish.  A  Iron  spikes  -  -  4  c.  per  lb. 


N.  Bi— Those  in  small  kegs  are  A 
reduced  to  bbls.  and  the  duty  cast;) 
accordingly.  ■) 

Hides  of  all  kinds,  in  the  hair,  dry,  A 


salted  or  pickled 
Hobby  horses, 

Hollands  Duck 
Hones 
Honey 

Hoops  of  iron  - 
Hops  -  | 

Horn  plates,  for  lanthorns,  and  ally 
horns  and  tips  15  percent. 
Hose— see  manufactures  of  the 
materia1,  tliev  are  made  of. 


free,  y 
30  per  ct.  V 
15  do.  V 
15  do.  v 
-  15  do.  x 
3  c.  per  lb.  y 
15  per  ct.y 


Iron 


nails,  cut  or  wrought  5  c.  p.lb. 
old  -  -  15  per  ct. 

tacks,  brads  and  sprigs,  no! 
exceeding  16  oz.  to  the  M- 
5  c.  per  M. 
exceeding  16  oz  to  the  M. 

5  c.  per  lb. 
wire  or  steel  wire,  not  ex¬ 
ceeding  No.  18  5  c.  per  lb. 
over  No.  18  9  do. 

do.  square,  used  in  the  manu¬ 
facture  of  stretchers  for  Um¬ 
brellas  -  12  perct. 

mill-crank6  and  mill  irons,  of 
wrought  iro*  4  c.  per  lb. 


I 


TARIFF. 


213 


Iron,  pig 


50  c.  per  1121b.  x  Lead,  super  acetite  of,  or  sugar  of 


screws,  weighing  25  lbs.  and.x 
over  -  30  per  cent.  x 

screws  -  30  do.  n 

vessels  of  cast  iron,  not  oth-A. 
erwise  specified  1  l-2c.  p.lb.  A 
all  other  castings  of,  not  oth-  A 


15  per  ct. 
in  pigs,  bars  or  sheets 

2  c  per  lb. 
red  lead,  dry  or  ground  in  oil 
4  c.  per  lb. 
white  lead,  or  ceruse  or  ace¬ 
tite  of  lead,  dry  or  ground 
in  oil  *  4  c.  per  lb. 


erwise  specified  1  c.  per  lb 
Iron,  all  manufactures  of,  not  oth- 0 
erwise  specified,  or  of  which  irony  Leaden  shot  -  3  1-2  c.  per  lb. 

is  component  material,  25prct.y  Lead,  that  is,  black  lead  pencils 
Isinglass  or  icthycolla  or  fish-glue  V  40  per  ct. 

15  per  ct.  v  Leaf,  gold  15  do. 


Isinglass  or  talc  or  mica  15  do. 
Ivory,  manufactured  or  not  15  p.  c.  x 
Ivory  black  -  -  15  do.  p, 

•I  A 

Jalap  -  -  15  per  ct.  A 

Japaned  wares  of  all  kinds  A 

25  per  ct.  A 

Jar  Raisins  -  4  c.  per  lb 

J  asmine,  oil  of 
J  erk  Beef  - 
Jewelry,  real 


silver  -  -  12 1-2  do. 

Leather  and  all  manufactures  of, 
or  of  which  leather  is  the  mate¬ 
rial  of  chief  value,  not  otherwise 
enumerated  -  30  per  ct. 

Leaves  of  trees  of  all  kinds,  not 
used  principally  for  dying,  and 
not  enumerated  15  per  ct. 

30  per  ct.  y  Lees,  that  is  wine  lees  12  1-2  do. 
2  c.  per  lb.  y  Leghorns  or  Leghorn  straws 
121-2  per  ct .  y  50  per  ct. 


mock,  if  gilt  or  plated  y  Lemons  and  lemon  juice  15  do. 

15  per  cent.  V  Lemon,  oil  or  essence  of  30  do. 
mock,  if  not  gilt  or  plated;.- Lents  15  do. 

25  per  cent  x  Levantines — see  silks. 

Jostic  or  Jos’ stick  15  do.  x  Limes  and  lime  juice  15  do. 

Juice  of  lime  or  lemon  15  do.  X  Lime  15  do. 

Juniper,  Juniper  berries  or  oil  of X  Lines  -  -  5  c.  per  lb. 

Juniper  -  -  15  per  ct.  A  Linens,  linen  bags  empty,  and  all 

Junk,  old  »  -  15  do.  A  manufactures  of  flax,  excepting 

K  (j  clothing  ready  made,  and  not 

Kaleidoscope — see  glass.  A  enumerated  -  25  per  ct. 

King’s  yellow  -  15  per  ct.  y  Linseed  oil  -  25  c.  per  gal. 

Kino,  gum  -  -  15  do.  y  Lint  -  -  25  per  ct. 

Knives,  cutting,  of  iron  and  steely  Liquorice — paste,  root  or  juice 

30  per  ct.  V 

L  v  Litharge 

Lac-dye  -  -  12  1-2  per  ct.  x  Living  Turtles 

Lace  of  gold  or  silver  1 1 1-2  pr.  c.  Logwood 
Laces,  coach,  of  cotton  or  ether  x.  Lump  sugar 
material  35  per  ct.  x  Lunar  caustic 

all  other  kinds  12  1-2  do.  x  Lustrings — see  silks. 

Laced  boots  or  bootees  $1  50  p.  pr.  A  M 

Lake  paints  -  15  per  ct.  A  Macaroni 

Lamp  black  -  -  15  do.  A  Mace 

Lanthorn  leaves,  or  horn  plates  (}  oil  of 

15  per  ct.  y  Machinery,  that  is  models  of  ma- 
Lapis  calaminaris  -  free,  y  chinery  and  other  inventions  free 
mfernalis  -  15  per  ct.  y  Mackerel  -  -  $1  50  per  bbl. 

Lard  ...  3  c.  per  lb.  V  Madder  and  madder  root 
Lavender, ol  of,  &  essence  30  prc.V  1.’  12  perct. 

dry  flower  of  15  do.  x  Madras  handkerchiefs  and  other 
Lead,  all  manufactures  of,  or  ofx  manufactures  of  the  bark  of  the 
which  lead  is  a  component  ma-X  tree  -  -  15  perct. 

terial,  not  otherwise  specified  >'  Magnesia  or  carbonate  of  magnesia 

25  per  ct.  x  15  per  ct. 


15  per  ct. 
15  do. 
15  do. 
free 
10  c  per  lb. 
15  per  ct. 


15  per  c-t. 
$1  per  1  b. 
15  per  ct. 


214 


TARIFF. 


Mallets,  wood 
Malt 

Manganese 


Mangrove  shells 


30  do. 

15  do.  A 
15  do.  A 
15  do.  A 
Manna  -  15  do.  A 

Manufactured  tobacco,  other  than  A 
snuff  and  cigars  10  c  per  lb.  (} 

Maps,  specially  imporied — seey 
Apparatus ,  -  free  y 

not  specially  imported  asV 
above  -  15  per  ct.  V 

Marble,  and  all  articles  manufac-x 
tured  of  it  (if  not  specially  im-x 
ported  as  described  under  the  X 
head  of  Apparatus)  30  per  ct.  >• 
Mash  mallows,  flowers  15  do.  A 
Mastic  15  do.  A 

Materials  for  composing  dyes,  notA 
subject  to  other  rates  of  duty  A 
12  1*2  per  ct.  (> 
Mats  of  grass,  flags,  tow,  or  of  any  y 
other  material  30  per  ct.  V 

Medals,  specially  imported — see  V 
Apparatus,  free.; 

Medals,  not  specially  imported  as>; 
above,  according  to  the  material  :-; 
they  are  composed  of. 

Medicinal  preparations  of  Anato-x 
my  15  per  ct.  A 

Medicinal  preparations  not  other- A 
wise  enumerated  15  per  ct.  A 
Mercury  or  quicksilver,  and  all  A 
preparations  of  15  per  ct.  (j 
Merino  shawls — 8ee  woollen  manu-  {) 
factures.  V 

Mezereon  root  15  per  ct.  \j 

Mica  or  talc  15  do  V 

Milk  of  roses  30  do.  V 

Millinery  of  all  sorts,  not  otherwise  x 
enumerated  30  per  ct.  x 

Mill  irons,  wrought,  and  cranks  X 

4  c  per  lb.  A 
Mill  saws  $1  each  A 

Mill  stones  15  per  ct  A 

Mineral  gieen  15  do.  A 

Mineralogy,  specimens  of  free  A 

Minium  or  red  lead  4  c  per  lb y 

Mint,  that  is  copper  in  any  shape,  A 
imported  for  the  use  of  the  minty 

free  y 

Minth  or  mint,  oil  of  N  15  per  ct  x 
Mock  jewejry,  if  gilt  or  plated  V 

25  per  ctx 

Mock  jewelry,  if  not  gilt  or  plated  x 

15  per  ctA 

Models  of  machinery,  and  other’:-: 

inventions  freey 

Molasses  5  c  per  gal  .; 

Moreens  25  per  ctx 


Morocco  skins  30  do. 

Moss,  Iceland  or  any  other  15  pr  c 
Mother  of  pearl  15  do. 

buttons  20  do. 

Moulds,  that  is  button  moulds 

20  per  ct 

Muffs  and  tippets  15  do. 

Muriatic  acid  121-2  do. 

Muscatel  raisins  4  cts  per  lb 

Music,  printed — see  books. 

Musical  Instruments,  principally 
of  wood  30  per  ct. 

N.  B. — This  includes  organs,  pi¬ 
ano  fortes  and  harps. 

Musk  15  per  ct. 

Muskets  $1  50  per  stand. 

Muslins  25  per  ct. 

Mustard  30  do. 

Myrrh  gum  15  do. 

N 

Nails,  copper  or  composition  4  c  lb. 
iron,  cut  or  wrought  5  c  lb. 
ornamental, that  is  brass  with 
gilt  or  polished  heads 

25  per  cent 

Nankeens,  whether  white,  blue, 
long  yellow  or  short  yellow 

25  per  cent 
Natural  history,  specimens  of  free 
Neats-iongues,  whether  smoked  or 
pickled  2  c  per  lb. 

Needles  20  per  cent. 

Nets  5  c  per  lb. 

Newspapers,  if  in  any  quantity, 

15  per  cent. 
Nicaragua  wood  free 

Nitrate  of  potash  or  saltpetre  3  c  lb. 
of  silver  or  lunar  caustic 
15  percent 

Nitre  or  nitric  acid  or  saltpetre 

3  c  per  lb. 

Noyeau,  a  liquor  15  per  cent 

Nutgalls  12  1-2  per  cent 

Nutmegs  60  c  per  lb. 

Nut  Oil  15  per  cent 

Nuts,  cocoa  or  any  other  nuts  not 
enumeiated  and  not  used  princi¬ 
pally  in  dying  15  per  cent 

Oakum  -  -  15  per  cent 

Oats  -  -10  c.  per  bushel. 

Ochre,  dry  -  -  1  c.  per  lb. 

ground  in  oil  1  1-2  “ 

Odours  which  are  perfumes 

30  per  cent 

Oilcakes  -  15  “ 

Oil  cloths  of  every  description 

30  per  cent 

Oil  stone  -  *  H  per  cent 


TARIFF 


215 


Oil,  sail  ad  -  $0  per  cent : 

bears,  palm-bean, 
ricini  or  palma  christi  15  p.  c.  : 
castor  40  o.  per  gallon 

Linseed,  rape  seed,  and  hemp- 
seed  25  c  per  gallon  . 

spermaceti  of  foreign  fisheries  ; 

25  c.  per  gallon  ; 
whale  and  other  (not  sperm) 
of  foreign  fisheries 

15  c.  per  gallon 
olive,  in  casks,  25  c.  per  gal. 
vitriol  -  3  c  per  lb. 

all  other  kinds  of,  used  prin¬ 
cipally  in  dying  12  1-2  p.  c.  : 
absynth  or  wormwood,  al-  : 
monds,  amber,  animal,  an- . 
niseed,  cassia,  cajeput,  cin-  . 
namon,  cloves,  fen n ell,  ju¬ 
niper,  mace,  minth  or  mint,  , 
nutmegs,  nuts,  poppies,  sa- ; 
vin,  and  all  essential  oils,  •: 
not  used  principally  as  per-  i 
fumes  15  per  cent  i 

anthos  or  rosemary,  bergamot, ' 
carui  or  caraway,  jasmine, 
lavender,  lemon,  sweet  mar 
jorum,  orange,  origanum  or  ; 
thyme, roses  or  otto  of  roses,  : 
and  all  other  essential  oils,  : 
used  principally  as  per- : 
fumes  30  per  cent } 

Old  iron  -  -  15  percent; 

junk  -  -  -  15  “ 

brass,  copper  or  pewter,  fit  on- ; 
ly  to  be  manufactured  free  • 
Olive  oil,  in  bottles  or  flasks 

30  c.  per  gallon  i 
Olives  -  -  30  per  cent  i 

Olympian  green  15  “ 

Onions  15  *• 

Opium  15  “ 

Orange,  oil  of,  or  essence  of 

30  per  cent : 
Oranges  &  orange  peel  15  “  .■ 

Ore,  inetalic  (if  not  specimens,  &c. 
see  apparatus,  or  for  ballast) 

15  per  cent ; 
Origanum,  oil  of  30  per  cent  = 
Ornaments  for  head  dresses  i 

30  per  cent 

Orris  root,  -  15  “  { 

Ostrich  plumes  and  feathers,  man¬ 


ufactured  or  not 


Otto  of  roses 

30 

Ozr.aburgs 

15 

Oxidd  of  bismuth 

15 

Oysters 

15 

30  percent 
30  per  cent 


» 


:  Pack  Thread  5  c  per  lb. 

:  Paint  Brushes  30  per  cent 

(Painted  floor  cloths  30  “ 

)  Paintings  specially  imported — See 
:•  Apparatus  free 

;  not  specially  imported  as 

:•  above  15  per  ct. 

i  Paints,  carmine,  Dutch  pink, 
}  Frankfort  black,  French  green, 
l  ivory  black,  King’s  yellow,  lakes 

■  (not  including  lac  lake,)  lamp 

;  black,  mineral  green,  olympian 
:  green,  patent  yellow,  red  chalk, 
:  rose  pink,  terra  umbra  and  des- 
:  enna,  and  all  other  paints  not 
•.  enumerated  and  not  used  prin- 
;.  cipally  as  dying  drugs  or  mate- 
}  riaK  15  per  cent 

:Paints  which  are  mainly  used  as 

dying  drugs  or  materials 

12  1-2  per  cent 
!  Palm  leaf  hats  and  baskets  30“ 

■  Pamphlets  26  c  per  lb. 

•  Pantaloons  30  per  cent 

:  Paper,  folio  and  quarto  post,  of  all 

kinds  20  c  per  lb 

foolscap,  and  all  drawing  & 
:  writing  paper  17  c  per  lb. 

printing,  copperplate  and 
Stainers  10  c  per  lb. 

:  sheathing,  binders  and  box 

boards  and  wrapping 
;  3  c  per  lb. 

:  Paper,  all  other  15  c  per  lb. 

;  Paper  hangings  40  per  ct. 

=  Parasols  of  whatever  materials 
•'  made  30  per  c. 

;  Parasol  sticks,  or  frames  for  um¬ 
brellas  or  parasols  30  per  ct. 
Parchment  30  d®. 

:  Paris,  white  1  c  per  lb. 

;  Pasteboard  30  per  c. 

:  Pastel  or  woad  12  1-2  do. 
.Paste  work  12  1-2  do. 

:  Patent  yellow  15  do. 

,  Peal,  orange  15  do. 

i  Pearl,  mother  of  15  per  ct. 

that  is  mother  of  pearl  but¬ 
tons  20  per  ct. 

Pearls  of  all  kinds,  set  or  not  set, 
and  all  articles  composed  wholly 
or  chiefly  of  pearls  12 1-2  per  ct. 
Tencils  for  drawings  30  do. 

Pencils,  black  lead  40  per  cent 
(Pepper  8ctsperlb. 

Cajrenne  15  do. 
Perfumes  30perct. 


Tariff. 


216 


Persons  arriving  in  the  U.  States,  x Pounce  15  per  ct. 

that  is  their  baggage,  see  baggage  x  Powder,  hair  15  do. 

Peruvian  bark  15  per  ct.  >•  gun  8  c  per  lb. 

Pewter,  old,  fit  only  to  be  re-man- A  Precious  stones  of  all  kinds,  and 
ufactured  free  A  all  articles  composed  wholly  or 

Pewter,  all  articles  manufactured  A  chiefly  of  precious  stones 

of,  or  of  which  pewter  is  a  com-  (?  12  1-2  per  cent 

ponent  material,  not  otherwise  •;  Preparations,  anatomical  free 
specified  25  per  ct.  y  chymical,  not  enu- 

Pliilosophical  apparatus— see  Ap-  y  merated  15  p  c. 

paraius.  V  Preserves,  that  is  comfits  or  sweet 

Piano  fortes  30  per  ct  ’>■  meats  preserved  in  sugar  or 

Pickled  fish,  other  than  mackerel  x  brandy  30  per  cent 

and  salmon  per  bbl.  x  Printed  music. — See  books 


Pickles 
Pigs  of  brass  or  copper 


30  perct.  xPrinting  types 
free  x  Prunello  slioes 


of  iron 
of  lead 
of  tin 
Pimento 
Pine  apples 
Pink  Dutch 
rose 

Pins 

Pipes,  of  clay 
Pistachios  or 

Pistols 
Plants 


50  c  per  112  lbs.  Prunes 

2  c  per  lb.  A  Prussian  blue 
free  A  Pumice  stone 
6  c  per  lb.  A 
15  per  ct. 


Q. 


20  per  cent 
25  c  per  pair 
4  c  per  lb. 
20  per  cent 
15  “ 


15 

15 

20 

15 


do. 

do. 

do. 

do. 


pistachio  nuts 


V  Quadrants  and  sextants  25  p.  c. 

V  Quassia  wood  15  per  cent 

^Quicksilver  and  all  preparations 

V  of  15  per  cent, 

x Quills,  muanufactured  25  percent 
X  R. 


15  per  ct.  x  Radix  or  root  angelica,  columbo, 


30 


do. 

free 


Plaster  statues,  busts,  castings  and  A 
ornaments  specially  imported—  '{) 
see  Apparatus  free  ;*} 

Plaster  statues,  busts,  castings  and  O 
ornaments,  not  specially  import-  y 
ed  as  above 
Plaster  of  Paris 


lpicac  or  ipicacuhana,  jalap, 
gentian,  gallengal,  hellebore, 
mezereon,  orris,  rhubarb,  salsa- 
parilla,  seneca,  scilla,  or  squills, 
valerian,  and  roots  of  all  kinds 
not  enumerated  and  not  used 
principally  for  dying  15  per  ct. 
15  per  ct.  y  Rags  of  any  kind  of  cloth  free 
free  y  Raisins,  muscatel,  and  in  jars  and 


4  c  per  lb. 
3  c  “ 

15  per  ct. 
free 

See  woolen  manufac- 


Plated  saddlery, coach  and  harness  V  boxes 

furniture  and  all  other  plated  v  all  others 

ware  25  per  ct.  x  Ratafia,  a  liquor 

Plates,  copper,  suitable  to  the  x  Rattans 
sheathing  of  ships,  that  is  14  by  x  Ratteen. 

48  inches,  and  weighing  14  to  x  tures. 

34  oz.  per  sq.  ft.  free  ARattinets  25  “ 

Platina  (a  metal)  15  per  ct.  A  Ravens  Duck  15  “ 

Plats,  for  the  making  of  hats  or  A  Raw  skins,  that  is  undressed  free 
bonnets  50  per  ct.  (jRaw  silk  15  percent 

Playing  cards  30  cts  per  pack  y  Razor  cases,  leather,  paper  or 
Plums  4  cts  per  lb.  y  wood  30  per  cent 

Plumes,  ornamental,  whether  ma-  y  straps  leather  or  wood 


n  ufactured  or  not 
Pocket  books 
Pomatum 
Pongees — see  silk 
Poppy  oil 
Porcelain 
Pork 
Porphyry 
Porter— see  Ale. 
Potatoes 


30  per  ct 
30  do. 
30  do. 


30  per  cent 

x  Red  chalk  (not  Spanish  brown) 

X  15  per  cent 

x  lead,  dry  or  ground  in  oil 
15  do.  x  4  c  per  lb. 

20  do.  x  tartar  or  crude  tartar  or  wine 
2  c  per  lb.  x  lees  12  1-2  per  cent 

15  per  ct.  x  Venetian  dry  1  c  per  lb, 

A  ground  in  oil  1  1-2  c  •• 

10  c  per  bushel,  a  Red  wood  &  red  sanders  wood  free 


TARIFF. 


217 


Reeds  *  • 

Refined  salt-petre 
Regulus  of  antimony 
Rein  deer  tongues 
Rhubarb 


free  Sallad  oil  -  -  30  per  cent. 

3cts  per  lb.  x  Salmon — see  fish. 

free  >■  Salsaparilla  -  15  do. 

15  per  cent.  A  Salt  -  -  20  cts  per  56  lbs. 

15  do.  A  Salt  petre  or  sal-nitre  or  nitrate  of 


Ribbons  and  tapes — see  manufac-  {)  potash  -  12  1-2  per  cent, 

tures  of  the  material  they  are  {)  Salt-petre  refined  -  3  cts  per  lb. 
composed  of.  V  Sandarac  or  sandarac  gum  15  p.  c. 

Rice  -  15  per  cent.  V  Sanders  wood  -  -  free 

Rifles  -  -  -  $2  50  each.  V  Sand  stone  -  -  15  perct. 

Rochelle  salts  (medicinal)  15  pr  ct.  Sardines,  as  usually  imported  in 


salt — see  salt.  V  kegs 

Rocoa  -  -  12  1-2  per  ct.  x  Sassafras 

Rods  of  copper  or  composition  x  Sausages  - 

4  cts  per  lb.  x  Savin,  oil  of  - 
3  do.  •••  Saws,  mill 


of  iron 
Roman  vitriol 
cement 
Root — see  radix. 
Rope,  ciar  orcoiar 
Rose  pink 
Roses,  otto  of 
Rpsemary,  oil  of 
Rotten  stone 


:  Scales,  Gunter’s  and 


30  percent. 
15  do 
15  per  do. 
15  perct. 
$1  each 
other,  wood 
30  per  cent. 
15  do. 
do. 


4  do. 

15  per  cent.  A 

A  Scamony  gum 

5  cts  per  lb.  i)Scilla  or  squills 
15  per  ct.  v  Scrapings  of  ox  horns,  deer  horns 

-  30  do.  y  or  ivory  -  15  pCr  ct. 

30  do.  y. Screws  of  iron  -  30  do. 

-  15  do.  v  Scrivellos  or  small  elephant’s  teeth 

15  do.  x  15  per  cent. 

121-2  do.  x  Sculpture,  specimens  of— see  Ap« 
carpet-  X  pa  rat  us. 

ing.  x  Scythes  -  -  30  per  cent. 

Rugs,  of  wool  or  cotton,  for  bed- a  Sea  cow  or  sea  elephant’s  teeth 


Rouge  - 
Rubies 
Rugs,  for  hearths,  see 


see  manufactures  of  A 
the  material  they  are  made  of.  A  Seeds, 


covering 


Roles,  of  wood 
Rum,  1st  &  2d  proof 
3d  “ 

4th  “ 

Cherry 

Russia  duck  - 
Russia  sheetings 

S 

Sacking  -  -  25 

Saddlery,  silver  plated  25 
Saddles  -  -  30 

Sari  irons 
Safflower 


30  per  ct. 
38  c.  pr.  gal. 
42  do. 

48  do. 


cardamon, 
0  garden 
(•Seines 
V  Seltzer  water 
y  Senegal,  gum 


15  per  cent.  V  Senna  or  senna  leaves 


15  per  cent, 
caraway  and 
15  per  ct. 
-  5  cts  per  lb. 

15  per  ct. 
121-2  do. 


15 

25 


15  do. 

do.  y  Seneca  radix  or  root  15  do. 

do.  x  Sextants  -  -  25  do". 

x  Shades,  lace,  of  thread  or  silk 
do-  A  12  1-2  perct. 

do.  x  Shalloons  -  -  25  do. 

do.  A  Shawls,  cashmere  or  camel’s  hair 

1  ct.  per  lb.  A  25  per  cent. 

12  1-2  per  cent,  n  lace,  of  thread  or  silk 


Sa  ron  -  -  15  do.  0  12 1-2  perct. 

Sago  -  -  15  do.  ?}  Shawls  of  wool,  &c. — see  manu- 

Sail  cloith.  or  hempen  cloth,  not  0  facturesof  the  material  they  arc 
otherwise  specified  25  per  cent,  y  made  of. 

Sail  duck  -  -  15  do.  V  Sheathing,  copper,  that  is  in  sheets 

Sal-ammonia,  diuritic,  duobus  or  x  of  14  by  28  inches,  weighing  14 
sulphate;  of  potash  or  tartar  ;-:  to  34  oz.  per  sq.  foot  free 

vitriol;  Rochelle  and  all  other  Sheetings  of  all  kinds  25  per  ct. 
chemicaU  salts  not  enumerated  x  Sheet  iron 

15  per  cent,  x  lead  - 
Epsom  |  -  -  4  cts  per  lb  H  tin 

Glauber  (V-  -  2  do.  y  Shellac 

Nitre  or  Alt  petre  or  nitrate  of  x  shells,  cocoa  - 
potash  J  1212  percent,  x  for  ornaments 


3  c.  p.  lb. 
2  do. 

15  per  ct. 
15  do. 

15  do. 

15  do. 


218 


TARIFF. 


Shot,  cast  iron 
of  lead 


1  ct  per  lb. 
3 1-2  do. 


Sheroots,  India  cigars  10  c.  p.  lb.  ••■.Spades  -  30  per  ct. 

Shoemaker’s  wax  15  pier  cent.  A  Spanish  brown,  dry  1  c  per  lb. 
Shoes  for  children  15  cts  pr.  pair.  A  ground  in  oil  1  1  -z  do. 

for  grown  persons,  of  silk  A  Spanish  flies,  or  cantharides  15  p.c. 

30  cts  pr.  pair  A  Sparta ria  or  willow  sheets  30  do. 
of  prunella,  and  other  shoes  y  Specimens  of  sculpture — see  Appa- 
or  slippers  of  stuff,  nankeen  y  ratus. 

or  leather  25  cts.  pr.  pair  '.-Specimens  in  natural  history,  Mi¬ 
neralogy,  Botany,  &  Anatomical 
preparations  -  -  free 

per  ct.  Spectacles,  gold  or  silver  mounted 

12  1-2  per  cent, 
iron  or  steel  mounted 
25  per  cent. 

A  Spelter  ....  free 
A  Spermaceti  candles  8  cts.  per  lb. 
A  oil  of  foreign  fisheries 

f>  25  cts  per  gall. 

0  Spikes,  copper  or  composition 
y  4  cts  per  lb. 

v  iron  4  do. 


Shovels  of  iron  or  steel  30  per  ct.  ; 

Shrub 

15 

do. 

Shumac 

15 

do. 

Sickles 

-  30 

do. 

Side  arms 

X  -  -  30 

do. 

Silks,  all 

manufactures  of, 

or  of 

which  silk  is  a  component  ma¬ 
terial,  coining  from  beyond  the 
Cape  of  Good  Hope,  till  Jan’y. 

15  per  ct. 


1,1825 
after  that  time 


25  do. 


coming  from  all  other  places  -J 

Spirits,  distilled  from  grain, 

20  per  cent,  x 

1st  proof 

42  cts  per.  gal. 

Silver,  coin  ...  free  x 

2d  “ 

45 

do. 

leaf  -  -  12  1-2  per  ct  x 

3d  “ 

48 

do. 

nitrate  of  15  do.  >\ 

4th  “ 

52 

do. 

plated  saddlery  25  do.  A, 

5th  “ 

60 

do. 

quick  -  -  15  do.  A 

above  5th  proof 

75 

do. 

Silver  watches,  silver  lace,  and  all.;) 
articles  composed  wholly  or  A 
chiefly  of  gold,  silver,  pearls  and  -y 
precious  stones  12  1-2  per  ct.  y 
Sinchaws — see  silk.  y 

Skins, raw  or  unmanufactured  free  V 
morocco,  tanned  30  per  ct.  >• 
Slates  .and  tiles  for 


than  grain 

1  st  and  2d  proof  38  cts  p.  gL 
3d  “  42  do. 

4th  “  48  do. 

5th  “  57  do. 

above  5th  proof  70  do. 
building  x  Sponges  -  -  15  per  ct. 

25  per  cent.  >:  Sprigs,  not  exceeding  16  oz.  per  M. 
for  writing  15  do.  >•  5  cts  per  M. 

Sledges  &  hammers,  blacksmith’s  A  exceeding  16  oz.  5  do.  lb. 

2  1-2  cts  per  lb.  A. Square  wire,  used  in  the  manufac- 
Slippers — see  shoes.  A  ture  of  stretchers  for  umbrellas 

Smoked  salmon  -  15  per  ct.  A  12  percent. 

Snuff  -  -  12  cts.  per  lb.  (<  Squills  or  scilla  15  do. 

Snuff-boxes  of  paper  15  pr.  ct.  y  Starch  -  -  15  ^ilo. 


of  tin  -  -  25  do 

of  turtle  shell  15  do. 
of  mock  turtle  shell  or  horn 
15  per  cent 
of  gold  or  silver  12  1-2  p.  ct 
of  box- wood  or  wood  30  p  c 
of  boxwood  or  wood,  lined 
with  turtle  shell  15  pr.  ct 
of  ivory,  or  of  ivory  lined 
with  turtle  shell  15  per  ct. 

Soap  -  -  4  cts  per  lb. 

Socks— see  manufactures  of  the 
material  they  are  composed  of. 

Soda,  carbonate  of  15  per  cent. 

Soy  -  -  -15  do. 


Statues  and  specimens  of  statuary, 
y  specially  imported— see  appara- 
X  ratus  -  -  -  i  *ree 

x  not  specially  imported  afe  above, 
x‘  if  of  marble  -  30  p»^r  cent, 

x  plaster  or  alabaster  15  do. 

>j  brass  or  bronze  25l  do. 

H  Steel  -  -  $1  per  112  lbs. 

wire  not  exceedi/ig  No.  18 
cts  per  lb. 

over  No.  18  do- 

all  manufactur/s  of,  or  of 
which  steel  is  k  component 
material,  not  othefw‘se  euu* 
merated  ^  per  cent. 


TARIFF. 


219 


Sticks,  that  is  walking  sticks  x Sugar  of  lead  or  super-acetite  of 

30  per  ct.  x  lead  -  15  per  cent, 

for  umbrellas  or  parasols  A  Sulphuric  acid  3  c.  per  lb. 

30  per  ct-  A  Sulphate  of  copper  4  c.  do. 

Still  bottoms  and  parts  thereof,  A  of  zinc  15  perct. 

made  of  copper  15  per  ct.  A  Sulphur,  flor,  flour  or  flower  sulphur 

Stockinets  25  do.  v.-  and  roll  brimstone  -  free 

Stockings - see  manufactures  of  a  Sulphuric  ether  15  perct. 

the  material  they  are  composed  of  y  Sumac  -  -  -  15  do. 

Stone  ware  -  -  20  per  ct.  V Super  acelite  of  lead  or  sugar  of 

Stone,  Armenian,  caustic,  grind-  V  lead  15  per  ct.. 

stones,  oil  stones, pumice,  rotten,  V  Sweet  marjorurn,  oil  of  30  do. 
touchstone  and  whetstone  Sweetmeats  or  comfits,  preserved 

15  percent,  x  in  sugar  or  brandy  30  do. 
Stone,  burr,  unwrought  -  free  •••  Syrup  or  molasses  5ctspergall. 
load  -  20  per  ct.  a.  real  15  per  cent, 

for  ballast  -  -  free  A  T. 

Bristol,  cornelian  and  all  A  Table  cloths,  that  is  oil  table  cloths 
other  precious,  of  all  kinds,  {)  30  per  cent, 

set  or  not  set,  and  all  aiti-  A  Tacks,  not  exceeding  16  oz  pr.  m. 
cles  composed  wholly  or  y  5  c.  per  jn. 

chiefly  of  precious  stones  '/  exceeding  16  oz.  per  m. 

12  1-2  per  cent,  v 
Storax  15  do. 

Straw  bonnets  and  Leghorns — see 
bonnets 

Straw  Carpeting  -  30  per  ct.  X 

Stuff  goods,  such  as  bombazetts,  >[ Tamarinds 
camlets,  calimancoes,  rattinets,  .A  Tamboreens 


5  c.  per  lb, 

x  Talc,  mica  or  isinglass  (a  mineral) 
x  15  per  cent, 

x  Tallow  -  -  l  c.  per  lb. 

candles  5  “ 

30  per  cent. 
30  “ 

wildbores,  shaloons, moreens  and  A  Tapes.— See  manufactures  of  the 
the  like,  which  are  composed  A  material  they  are  composed  of. 
entirely  of  wool ;  but  not  valen-  ()  Tapioca  -  15  percent, 

tias  and  toilinets  25  per  ct.  A  Tarred  cordage  4  c.  per  lb,. 

Sublimate  corrosive  15  do.  y  Tartar,  cream  12  1-2- perct. 
Sugar,  brown  -  3cts.  per  lb.  y  ,  red,  crude  12  1-2  “ 

N.  B. — Under  this  denomination  is  y  prepared  as  medicine 

classed  all  Muscovado  sugar;  V  15  per  cent. 

Havana  brown,  all  Calcutta  su-  y  Tartrite  of  antimony  or  tart  emetic 
gar,  including  Benares  and  dou-  x  15  per  cent, 

ble  boiled,  except  some  fine  x  Tea,  imported  in  vessels  of  the 

United  Stales  direct  from 
China  : 

bohea  -  12  c.  per  lb. 

campoy,  congo,  souchong, 
and  other  black  teas 

25  c.  per  lb. 
imperial,  gunpowder  and  go- 
mee  -  56  c  per  lb. 

hyson  and  young-hyson 

40  c.  per  lb. 
hyson-skin  and  other  green 
teas  -  28  c.  per  lb. 


samples  rarely  imported  ;  all  the  X 
common  sugar  from  Canton,  all 
the  Siam,  Pulo,  Penang  and  A 
Prince  of  Wales  island,  all  the  A 
Manilla  sugar  usually  imported,  A 
good  common  Guadaloupe,  or  i) 

Martinique  clayed,  and  all  but  y 
the  best  Batavia  and  best  white  y 
Brazil  sugar.  0 

Sugar,  white,  clayed  or  powdered  / 

4  cts  per  lb. 

N.  B. — Under  this  denomination 

comes  white  Havana,  best  Bra-  xTea,  imported  in  vessels  not'of  the 
zil  and  the  best  Guadaloupe  and  v  United  States  from  China, 

Martinique  clayed.  '''  ‘ 

Sugar,  lump  -  10  cts  per  lb 

loaf  -  -  12  do. 


candy 


do. 


or  any  where  else  : 
bohea  -  14  c.  per  lb. 

campoy,  congo,  souchong  and 
other  black  teas  34  c.  pr.  lb. 


TARIFF. 


Tea,  imperial,  gunpowder,  and  go-  x  Toilinets. — See  woollen  manufac- 
mee  63  c.  per  lb.  x  tures. 

hyson  and  young-hyson  x  Tongues,  reindeer  15  per  cent. 

56  c.  per  lb.  >•  and  sounds  (fish) 

hyson  skin  and  other  green  r,  15  per  cent, 

teas  38  c.  per  lb.  A  neats,  smoked  or  pickled 

Tea,  from  any  place  other  than  A  2  c.  per  lb. 

China,  imported  in  vessels  of Tools  and  implements  of  trade  of 
the  if.  S.  the  same  duty  as  de- i)  persons  arriving  in  the  U.  S.  free, 
signated  above  for  foreign  ves-  i) Tooth-brushes  30  per  cent, 

seis  ti  powder  30  “ 

Teeth,  elephants’  or  any  other  an-  V Topaz,  real  12  1-2  per  cent, 

imal’s  1 '» per  cent,  v  imitation  15  “ 

Telescopes  25  “  v  Touch-stones  15  “ 

Terra-..' apanica,  or  japonica,  de  •••Toys,  dolls,  dressed  and  undressed 
senna  and  umbra 


15  per  cent. 
Te;-a-rosa  and  sienna  15  “ 

Teutenague  or  zinc  free 

Thread,  cotton. — See  cotton. 

pack  5  c.  per  lb. 

stockings  25  per  cent. 


slice 


25 


30  per  cent, 
of  copper,  brass,  steel,  iron, 
pewter,  lead  or  tin,  cr  of 
which  either  of  these  met¬ 
als  is  a  component  ma¬ 
terial  25  per  cent, 

of  glass. — See  glass, 
of  wood  chiefly  30  per  cent, 
all  other  toys  15 
V  Tragacanth,  gum  15 

v  Trees  ... 


44 

it 


Thread  merkiin  (thread  laces)  ij 

12  1-2  per  cent.  (J 
Thus,  gum  15  “ 

Thyme,  oil  of,  essence  of, 

30  per  cent,  x  Trusses, 

Ticklenburgs  15  “  x  Tumeric 

Tile,  earth  15  “  x  Turquoises 

do.  varnished  or  glazed  X  Turnips 

15  per  cent  Turtles 

marble  30  per  cent,  a  Turtle  shell 

A  Twine  -  -  5  c.  per  lb. 

:5  per  cent  A  Twist,  cotton. — See  cotton. 

Time  pieces  -  -  15  per  ct  A  Types  for  printing  20  per  cent 


free. 
25  per  cent. 
121-2 
12  1-2 
15 
15 
15 


U 

a 

a 


stone,  or  slate  for  building 


Tin,  in  bars,  pigs  or  blocks  free 
foil,  i 

plates,  >  15  per  cent, 

sheets,  S 

that  is  all  articles  not  enumer¬ 
ated,  manufactured  of  tin, 
or  of  which  tin  is  a  compo¬ 
nent  materia]  25  per  cent. 

Tinctures,  odoriferous,  such  as 
cologne  and  lavender 
watei  and  the  like 


U. 


Umbrellas  -  30  percent. 

1  stick  or  frames  for  um¬ 

brellas  30  per  cent, 
brass  tips,  runners,  &c. 
for  umbrellas  25  p.  c. 
Unbleached  or  uncolored  cotton 
yarn. — See  cotton. 

Undressed  furs  -  free 

United  States — all  articles  import¬ 
ed  for  their  use  free. 

30  per  cent.  A  Unmanufactured  bark  of  the  cork 
of  bark  and  other  medi- A  tree  -  -  -  free, 

cinal,  which  may  not  *)  Unmanufactured  wood  of  any 
be  ranked  as  balsams,  •)  kind  ...  free. 

15  per  cent,  y  Untarred  cordage,  yarns,  twine, 
Tips  and  runners  for  parasols  and  y  packthread  and  seines 
umbrellas  -  25  per  cent,  v  5  c.  per  lb. 

Tobacco,  manufactured,  other  than  V  Unwrought  burr  stones  free. 

snuff  and  cigars  x  clay  “ 

10  c  per  lb.  x  V. 

in  leaves  or  umnanufac-  x  Valentias. — See  woollen  raanufai 
tured  15  per  cent,  y  tures. 


L 


TARIFF. 


221 


Valenciennes,  thread  lace  >• 

12  1-2  per  cent.  >• 

Valerian  root  15  “  (\ 

Valonia  -  12 1-2  “  n 

Vanilla  -  15  “  (> 

Varnishes,  of  all  kinds,  15  p.  c.  n 
Vegetables  of  all  kinds,  not  enuin-  it¬ 
erated  and  not  used  principally  0 
in  dying  -  -  15  per  cent,  y 

Veils  of  lace,  silk  or  thread  v 

12  1-2  per  cent.  V 
Vellum  -  30  “  H 

Velvet. — See  manufactures  of  the 
material  they  are  made  of.  x 
Verdigris  -  121-2  per  cent.  x 

Vermicelli  and  Vermillion  15  p.  c.  a 
Vessels  of  cast  iron  not  otherwise  A 
enumerated  1  1-2  c.  p.  lb.  A 
of  copper  35  per  cent,  n 
Vials,  apothecaries’,  of  thecapaci-  y 
ty  of  4  oz.  and  less  i) 

$1  per  gross,  y 
above  4  oz.  and  not  exceed- 


$1  25  per  gro.  V 
8  c.  per  gal.  V 
15  per  cent,  x 
30  “  v 

30  «  x 

oil  of,  or  sulphuric  acid,  x 
3  c.  per  lb.  a 
blue,  or  roman,  or  sulphate  A 
of  copper  4  c.  per  lb. 
White  or  sulphate  of  zinc  ( 
15  per  cent.  ( 


ing  8  oz. 

Vinegar 

distilled 
Violins,  wood 
Visiting  cards 
Vitriol, 


W. 

W  afers  30 

Walking  sticks  30 

Ware,  china  20 

earthen  20 

porcelain  20 

stone  20 


per  cent. 


Wares,  that  is  cabinet  wares  / 

30  per  cent.  ( 
gilt,  including  brass  orna-  ! 
mental  nails,  with  gilt  or  ; 
polished  heads,  including  A 
also  brass  runners  and  (i 
tips  for  parasols  and  urn-  v 
brellas  25  per  cent.  A 
japanned,  of  all  kinds  A 

25  per  cent.  > 

plated  of  all  kinds,  25  pr.  c. 
of  cut  glass  of  ail  kinds  not:-: 
specified  3  c  per  lb.  X 
and  in  addition  thereto  an  •• 
ad  valorem  duty  of  30  p  c.  A 
Washes  -  -  30  “  A- 

Watches  of  all  kinds,  and  parts  of  A; 
watches  12  1-2  per  cent,  x 

19* 


Watch  crystals  2  c.  per  lb. 

and  in  addition  thereto  an  ad 
valorem  duty  of  20  per  cent. 

Water,  cologne  30  “ 

Water  colors  15  “ 

Wax,  bees,  bleached  or  unbleached 

15  per  cent, 
candles  6  c.  per  lb. 

sealing  15  per  cent, 

shoemaker’^  15  “ 

Wearing  apparel,  in  actual  use  of 
persons  arriving  in  the  United 
States  -  -  free. 

Webbing,  worsted,  25  per  cent. 
Weights  of  cast  iron  1  c.  per  lb. 
Whalebone  15  per  cent. 

Wheat  25  c.  per  bushel. 

Wheat  flour  50  c.  percvvt. 

Whet-stones  15  per  cent. 

Whips  30  “ 

Whiskey,  1st  proof  42  c.  per  gal. 
2d  do.  45 
3d  do.  43  “ 

4th  do.  52  “ 

White  lead,  dry  or  ground  in  oil, 

4  c.  per  lb. 

White  vitriol,  or  sulphate  of  zinc 

15  per  cent. 
Paris,  1  c.  p.  lb. 

Whiting  1  “ 

Wiidhores,  (a  kind  of  stuff  goods) 
;  25  per  cent. 

;  Willow  sheets,  for  hats,  white  and 
)  black  -  -  50  per  cent. 

)  Window-glass,  not  above  8  by  10 
inches,  per  100  sq. 
>  ft.  $ 3  00 

not  above  10  by  12 
•:  inches  $3  50 

■:  if  above  10  by  12 

inches  $4  00 

■  N.  B. — All  window-glass,  imported 
in  plates,  uncut,  is  to  be  charged 
v  with  the  highest  rate  of  duties. 

)  Wine  lees  -  -  12  1-2  per  ct. 

)  Wine,  Burgundy,  Champaign,  Ma¬ 
deira,  Rhenish  and  Tokav 
P  per  ga(. 

Sherry  and  St.  Lucar 

60  c  per  gal. 
Lisbon,  Port  or  Oporto,  Fi- 
guera,  Mondego,  &  otlier 
wines  of  Portugal  50  c.n.g. 
Marsala  or  Sicily  Madeira 
and  other  wines  of  '  icily 
50  c.  per  gal. 
Teneriffe,  Fayal  and  other 
wines  of  the  vveste  Is¬ 
lands  40  c.  per  gal. 


222 


Tariff. 


Wine,  Claret.  Via  de  grave,  Fron- a  Wool  Angora  goat,  camel’s  victf- 
tignac,  and  all  French  x  nia,  red  or  any  other  for 

wines  except  Burgundy  >•  hatters’  use  free, 

and  Champaign  ;  Corsica,  A  Wool,  sheeps’  or  lambs’,  merino  ox 
Leghorn  and  all  the  wines  r,  common,  washed  or  un- 

of  Italy,  of  the  Archipe-  A  washed  (till  the  1st  day  of 

lago  and  of  the  Levant ;  A  June,  1825)  20  per  cent. 

Catalonia, Colmenar,  Mai- (>  thence  till  June  1st,  1826 

aga  and  all  the  wines  of  y  25  percent. 

Spain,  except  Sherry,  Ca-  y  after  that  time  30  “ 

nary  ;  and  all  other  wines,  V  N.  B. — A  duty  of  15  per  cent,  only 
not  enumerated,  when  im-  is  to  be  charged  on  wool,  the  val- 
ported  in  bottles  or  cases  v  ue  of  which,  at  the  place  whence 
30  c  per  gal.  imported,  does  not  exceed  10  c. 

And  when  imported  in  casks  X  per  lb. 
or  in  any  other  way  than  >•  Woollen  Blankets  25  per  cent 
in  bottles  or' cases  A  Woollen  manufactures  of  all  des- 

15  c.  per  gal.  A  criptions,  except  worsted  stuff 
N.  B. — When  wine  is  imported  in.  A  goods  and  blankets,  till  June  30, 
bottles,  the  duty  of  $2  per  gross  A  1825  -  -  *  30  per  ct. 

is  charged  on  the  bottles,  besides  (;  after  that  time  33  1-3  per  ct. 
the  30  c.  per  gal.  on  the  wine.  ON.  B. — A  duty  of  25  per  cent,  only 
Winter  bark  or  canella  alba  15  p  c.  V  to  be  charged  on  all  manufactures 
Wire,  brass,  that  is  such  as  is  used  y  of  wool,  except  flannels  and  bai- 
for  piano  fortes  and  the  V 
like  20  per  cent,  x 

copper,  such  as  used  to  tie  x 
down  the  corks  of  bottled  x 


ses,  the  actual  value  of  which,  at 
the  place  whence  imported,  does 
not  exceed  33  1-3  cts.  per  square 
yard. 


iron  or  steel,  not  exceeding  (■, 
No.  18  -  5  c.  per  lb.  A 

over  No.  18  9  c.  per  lb.  .A 

square,  used  in  the  manu-  A 
facture  of  stretchers  for  A 


porter  and  the  like  25  p.  ct.  A  Also,  N.  B. — Under  the  denomina¬ 
tion  of  woollen  manufacturers,  Va- 
lentias  &  Toilinets  are  included  : 
but  not  Bombazets,  Camlets,  Cal¬ 
amancoes,  Raitinets,  Wildbores, 
Shalloons, Moreens  and  the  like, 
umbrellas  12  per  cent,  0  Wormwood,  oil  of  15  per  cent, 

all  other  kinds  of,  not  speci-  y  Worsted  stuff  goods,  such  as  bom- 
fled  -  25  per  cent.  0  bazets,  camlets,  Calimancoes, 

Waad  or  pastel  12  1-2  per  ct.  V  rattincts,  wildbores,  shalloons. 
Women’s  bonnets  of  straw,  chip  or  moreens  and  the  like;  but  not 
grass._See  bonnets.  x  valentiasand  toilinets  25  per  ct. 

Wood,  Brazil,  Brazilletto,  red-  x  Wove  pantaloons  or  any  other 
wood,  camwood,  Fernam- x  pantaloons  30  per  cent, 

bucco,  fustic,  logwood,  >•  Y 

santa  martha,  nicaragua  A  Yarn,  cotton — see  cotton, 
red  sanders,  Puo  de  la  A  of  hemp  or  flax  5  cts  pr.  lb 
Hache,  Fernainbucca,  A  Yellow  berries  for  dying  12 1-2  p  c 


queen  s  and  other  dye  0 
woods  free,  y 

sandal,  in  sticks  or  dust  or  y 
powder  free,  y 

unmanufactured  of  any  kind  V  Zinc. 


king’s 


patent,  or  any  othe 
than  ocre,  and  not  emune 
rated,  and  not  used  princi 
pally  for  dying  15  per  ct 
in  pigs,  or  otherwise  uiv 
free,  x'  wrought  ...  free 
quassia  15  per  cent  'x  Zinc,  in  sheets,  f®r  sheathing  ships 

mat  is  all  manufactures  ofx  15  percent, 

wood  30  per  cent- y  sulphate  of  l‘»  do. 

Importations  by  foreign  vessels,  which  are  not  by  treaty  or  act  of  Con¬ 
gress,  placed  on  ihe  same  footing  as  American  vessels,  are  subject  to  an 
additional  duty  of  10  per  cent  except  in  the  article  of  teas,  the  difference 
in  which  is  designated  in  the  foregoing  Tariff;  for  instance,  if  the  dub  by 
an  American  vessel  is  30,  the  duty  by  such  foreign  vessel  will  be  33  pr  ct, 


APFENBIX. 


Containing  Forms  and  Instructions  agreeable  to  the 
Laws  of  the  U.  States  respecting  Naturalization, 
ancUome  other  additional  F orms  of  fV ritings 
frequently  occuring  in  business,  not  in¬ 
cluded  in  the  preceding . 

NATURALIZATION. 

Constitution  of  the  U.  States,  Art  1.  Sec.  84. — 
Congress  shall  have  power  to  establish  an  nniform 
rule  of  Naturalization. 

Some  of  the  individual  States  have  formerly 
passed  laws  regulating  the  same,  under  their  own 
jurisdiction,  but  it  seems  now  to  be  considered 
as  settled,  that  by  the  Constitution,  the  power  of 
naturalization  is  exclusively  vested  in  Congress. 
The  time  of  previous  residence  in  the  United 
States  required  by  the  government,  to  entitle  an 
alien  to  naturalization  has  varied  considerably  at 
different  periods.  The  first  naturalization  act  pass¬ 
ed  the  26th  March,  1790,  required  two  years.  The 
next  act  passed  the  29th  January,  1795,  enlarged 
the  time  to  five  years.  That  of  the  18th  June,  1798, 
extended  the  time  to  fourteen  years  ;  but  by  the  act 
of  the  14th  April,  1802,  it  was  restored  to  the  term 
of  five  years,  and  so  continues.  The  rules  estab¬ 
lished  by  the  acts  of  Congress,  for  the  admission  of 
aliens  as  citizens  of  the  U.  States  have  also  been 
different  at  different  periods.  The  first  act  of  the 
26th  March,  1790,  which  regulated  their  admission 
during  the  period  that  elapsed  from  that  time  to  the 
29th  January,  1795  ;  the  act  of  the  29th  Jan.  1795, 
which  regulated  their  admission  until  the  passage 
of  the  act  of  the  18th  June,  1798,  and  the  latter  act 


224 


NATURALIZATION 


which  was  the  rule  until  the  14th  April,  1802,  have 
all  been  repealed  ;  and  at  present,  free  white  aliens, 
in  order  to  become  citizens,  must  comply  with  dif¬ 
ferent  requisites,  according  to  the  time  of  their  ar¬ 
rival  in  the  U.  States.  Such  aliens  may  be  com¬ 
prehended  in  four  classes. 

1.  Those  who  have  arrived,  or  may  arrive  since 
the  18th  June,  1812. 

2.  Those  who  arrived  between  the  14th  April, 
1802,  and  18th  June,  1812. 

3.  Those  who  arrived  between  the  18th  June, 
1798,  and  14th  April,  1802,  or  were  then  residing 
within  the  limits,  and  under  the  jurisdiction  of  the 
U.  States,  and  have  continued  to  reside  therein. 

4.  Those  who  were  residing  within  the  limits, 
and  under  the  jurisdiction  of  the  U.  States  before 
the  29th  Jan.  1 795. 

Three  things  are  indispensably  necessary  to  the 
naturalization  of  an  alien,  who  has  arrived,  or  may 
arrive  in  the  U.  States  since  the  18th  June,  1812. 

1.  A  report  of  himself,  on  his  arrival  in  the  U. 
States,  or  subsequently,  previous  to  his  declaration 
of  bona  fide  intention,  &c. 

2  A  declaration  of  bona  fide  intention  to  become 
a  citizen. 

3.  A  declaration  upon  oath  or  affirmation,  to 
support  the  Constitution  of  the  U.  States. 

First.  A  report  of  himself,  if  at  the  age  of  twen¬ 
ty-one  years,  ascertaining  the  name,  birth  place,  age, 
nation  and  allegiance,  together  with  the  country 
whence  he  or  she  migrated,  and  the  place  of  his  or 
her  intended  settlement;  or,  if  under  that  age,  the 
report  to  be  made  for  him,  by  his  parent,  guardian, 
master  or  mistress.  It  must  be  made  to  the  Clerk 
of  the  District  Court  of  the  district  where  the  alien 
arrives,  or  to  some  other  Court  of  record  of  the  U. 
States,  or  of  either  of  the  territorial  districts,  or  of 
a  particular  State. 


NATURALIZATION. 


No.  I. — Form  of  a  Report . 


NAMES. 

; 

Birth  Place 

a; 

SJO 

< 

N  ation. 

Allegiance. 

Country 

whence. 

1 

r—  » 

C/3  r~* 

'O  rri  V 

O  fv  - 
<J  ^  V 
_c3  p  ’Tl 

Martin  Ross, 

Elizabeth  Ross, 
Mary  Jane  Ross, 
Waller  \I.  Ross, 
Diana  Ross, 
James  M’Quillen 

Glasgow 

Edinburgh 

Edinburgh 

Aberdeen 

Aberdeen 

Berwick 

40 

36 

15 

13 

7 

15 

British 

ditto 

ditto 

ditto 

ditto 

ditto 

King  of  G. Brit¬ 

ain  &  Ireland 
ditto 
ditto 
ditto 
ditto 
ditto 

England 

ditto 

ditto 

ditto 

ditto 

ditto 

Boston 

ditto 

ditto 

ditto 

ditto 

ditto 

Dated  (at  the  place  of  arrival,  or  of  residence) 
where  the  report  is  made . 

MARTIN  ROSS, 

for  himself  and  family. 

OH^A  report  for  a  whole  family  should  be  made 
as  above — for  an  individual,  separately ,  observing 
the  same  form — for  a  minor,  having  no  parent, 
guardian,  master,  or  mistress,  by  some  adult  friend, 
residing  in  the  United  States. 

The  Clerk  is  authorized  and  bound  to  receive 
and  register  the  report ;  for  which  his  lawful  fee  is 
fifty  cents — and  to  grant  a  certificate  of  the  same, 
whenever  required,  for  which  the  fee  is  also  fifty 
cents  ;  which  certificate  shall  be  exhibited  to  the 
court  as  evidence  of  the  time  of  the  applicant’s  ar¬ 
rival  in  the  U.  S.  and  must  be  recited  at  full  length 
in  the  record  of  the  court  admitting  such  alien  : 
otherwise  he  shall  not  be  deemed  to  have  complied 
with  the  conditions  requisite  for  becoming  a  citizen 
of  the  United  States. 

Secondly.  Two  years  after  the  date  of  the  report, 
(but  no  sooner,  according  to  the  said  act,)  the  aliens 
mentioned  therein,  might  proceed  to  take  thesecond 
step,  which  is  a  declaration  of  bona  fide  intention  to 
become  citizens,  then  required  to  be  made  before 
the  supreme,  superior,  district  or  circuit  court  of 
some  one  of  the  States,  or  territorial  districts  of  the 
U.  S.  in  the  form  following  : 


226  NATURALIZATION. 

No.  II. — Form  of  a  Declaration  of  bona  fide  inten¬ 
tion  to  become  a  Citizen. 

I,  Martin  Ross,  a  native  of  Glasgow,  in  Scotland, 
of  the  age  of  (42)  years,  and  now  or  lately  owing 
allegiance  to  his  majesty,  the  king  of  the  united 
kingdom  of  Great  Britain  and  Ireland,  do  hereby 
declare,  that  it  is  bona  fide  my  intention  to  become 
a  citizen  of  the  United  States,  and  to  renounce  for¬ 
ever,  all  allegiance  and  fidelity  to  any  foreign  prince, 
potentate,  state  or  sovereignty  whatever;  and  partic¬ 
ularly  to  renounce  forever,  all  allegiance  and  fidelity 
to  his  said  majesty,  the  king  of  the  united  kingdom  of 
Great  Britain  and  Ireland.  MARTIN  ROSS. 

Sworn  to,  or  affirmed  in  open  Court. 

Ou-r’Rv  a  late  act  passed  the  26th  May,  1824, 
entitled,  “  An  act  in  further  addition  to  an  act,  &lc.” 
it  is  provided  that  a  declaration  (No.  II.)  of  bona 
fide  intention  to  become  a  citizen,  made  before  the 
clerks  of  either  of  the  courts  named  in  the  first  con¬ 
dition  of  the  first  section  of  the  act  of  I4th  April, 
1802,  shall  be  as  valid  as  if  it  had  been  made  be¬ 
fore  the  said  courts  respectively  ;  and  a  declaration 
as  aforesaid,  of  a  free  white  person,  made  in  man¬ 
ner  and  form  prescribed  in  the  first  condition  speci¬ 
fied  in  the  first  section  of  the  said  act  of  1802,  two 
years  before  his  admission,  shall  be  a  sufficient  com¬ 
pliance  with  said  condition. 

A  minor,  who  has  resided  in  the  United  States 
three  years  next  preceding  his  arriving  at  the  age 
of  twenty-one  years,  and  who  has  continued  to 
reside  thereinto  the  time  of  his  making  application 
to  be  admitted  a  citizen  thereof,  may,  after  he 
arrives  at  the  age  of  twenty-one  years,  and  after  he 
shall  have  resided  five  years  within  the  United 
States,  including  the  three  years  of  his  minority,  be 
admitted  a  citizen  of  the  United  States,  without 
having  made  the  declaration  (No.  II.)  required  as 
aforesaid,  three  years  previous  to  his  admission  : 
Provided ,  such  alien  shall  make  the  declaration  re- 


NATURALIZATION. 


227 


quired  therein  at  the  time  of  his  or  her  admission  ; 
and  shall  farther  declare,  on  oath,  and  prove  to  the 
satisfaction  of  the  court,  that  for  three  vears  next 
preceding,  it  has  been  the  bona  fide,  intention  of  such 
alien  to  become  a  citizen  of  the  Unit'd  States;  and 
shall,  in  all  other  respects,  compl)  with  the  laws  in 
regard  to  naturalization. 

Thirdly — Declaration  upon  oath  or  affirmation, 
to  support  the  constitution,  and  renunciation  of  for¬ 
eign  allegiance.  This  is  the  final  step,  and  may 
now  be  made  two  years  after  the  declaration  (No. 
ii)  but  no  sooner. 

When  the  alien  is  about  to  make  this  declara¬ 
tion,  he  must  (unless  obtained  by  him  at  the  time,) 
obtain  from  the  Clerk  of  the  Court  with  whom 
he  filed  his  report  (No.  1.)  and  from  the  Clerk  of  the 
court)  wherein  his  declaration  (No.  II)  has  been 
recorded,  certificates  of  such  report  and  declaration 
having  been  made. 

He  must  then  apply  to  a  supreme,  superior,  district, 
or  circuit  court  of  some  of  the  states,  or  of  the  territo¬ 
rial  districts,  or  a  circuit  or  district  court  of  the  U. 
States ;  and,  with  the  two  certificates  mentioned, 
present  the  following  application. 

No.  III. — F  'orm  of  the  Application. 

To  the  honorable  the  —  Court  of  — ,  now  sitting 
in  —  :  The  application  of  Martin  Ross  respectfully 
showeth  : 

The  said  applicant  has  made  report,  and  caused 
registry  to  be  made  of  himself,  with  a  view  to  his 
naturalization,  according  to  the  laws  of  the  U.States 
in  that  case  enacted  ;  a  certificate  of  which  report 
and  registry,  is  herewith  exhibited  ;  and  has,  more¬ 
over,  made  a  declaration  of  his  bona  fide  intuition, 
to  become  a  citizen  of  the  U  States,  as  required  by 
lawT,  of  which  a  certificate  is  likewise  here  present¬ 
ed.  Wherefore  the  said  applicant  respectfully 
prays  the  honorable  the  court,  that  he  mavjn  the  usu¬ 
al  form,  be  admitted  a  citizen  of  the  United  Suites- 

MARTIN  ROSS. 


NATURALIZATION. 


Upon  this  application  the  court  must  be  satisfied, 

1st.  That  the  alien  has  resided  within  the  United 
States  five  years  at  least. 

2d.  That  he  has  resided  within  the  state  or  ter¬ 
ritory,  where  the  court  is  at  the  time  held,  one  year 
at  least. 

3d.  That  during  the  five  years,  the  alien  has  be¬ 
haved  as  a  man  of  good  moral  character — attached 
to  the  principles  of  the  constitution  of  the  United 
States,  and  well  disposed  to  the  good  order  and 
happiness  of  the  same. 

O^The  oath  of  the  applicant  will  in  no  case  be 
allowed  to  prove  his  residence;  but  this  must  be 
shown  by  the  testimony,  on  oath,  of  two  respectable 
citizens  of  the  U.  States,  whose  names  must  be  in¬ 
serted  in  the  record  of  the  proceedings  of  the  court 
wherein  they  were  had.  The  other  circumstances 
are  to  be  proved  by  common  law-evidence.  Upon 
being  satisfied  on  these  points,  the  court  will  admit 
the  alien  to  citizenship,  upon  his  making  the  follow  ¬ 
ing  declaration  : 

No.  IV. — j Form  of  the  final  declaration. 

I,  Martin  Ross,  do  hereby  declare,  that  I  will 
support  the  constitution  of  the  United  Slates,  and 
that  I  do  absolutely  and  entirely  renounce  and  ab¬ 
jure  all  allegiance  and  fidelity  to  every  foreign 
prince,  potentate,  state,  or  sovereignty  whatever  ; 
and  particularly  !  do  hereby  absolutely  and  entire¬ 
ly  renounce  and  abjure  all  allegiance  and  fidelity 
to  the  king  of  the  united  kingdom  of  Great  Britain 
and  Ireland.  MARTIN  ROSS. 

Sworn  to,  or  affirmed  in  open  Court. 

If  the  alien  applying  for  admission,  has  borne  any 
hereditary  title,  or  been  of  any  of  the  orders  of  no¬ 
bility,  he  must  add  to  the  next  preceding  declara¬ 
tion  (No.  IV.)  as  follow  s  :  And  furthermore ,  1  do 
hereby  expressly  renounce  all  claim  to  any  hereditary 
title ,  or  order  of  nobility ,  and  especially  to  thr  title 
of  Viscount ,  Earl  or  Marquis ,  (as  the  case  may  be, ) 
which  I  have  heretofore  borne. 


NATURALIZATION. 


The  clerk  of  the  court  will  record  all  those  pro¬ 
ceedings,  and  will  furnish,  on  application,  a  certifi¬ 
cate  of  citizenship,  which  will  be  evidence  that  the 
alien  has  been  duly  naturalized. 

2.  An  alien  who  arrived  between  the  14th  April, 
1802,  and  the  18th  June,  1812,  must  have  made  a 
declaration  of  intention  two  years  before  his  admis¬ 
sion,  (as  provided  by  the  late  act ,)  the  proceedings 
throughout  being  the  same  as  in  the  preceding. 

3.  Aliens  residing  within  the  limits  and  under 
the  jurisdiction  of  the  United  States,  between  the 
18th  day  of  June,  1798,  and  the  14th  day  of  April, 
1802,  and  who  have  continued  so  to  reside,  maybe 
admitted  citizens  without  a  compliance  with  the 
provision  of  the  law,  which  requires  a  declaration 
of  bona  fidt>  intention. 

4.  An  alien  who  was  residing  within  the  limits 
and  under  the  jurisdiction  of  the  U.  States  before 
the  29th  Jan.  1795,  may  be  admitted  to  become  a 
citizen,  on  due  proof  made  to  someone  of  the  courts 
aforesaid,  that  lie  has  resided  two  years  at  least, 
within  and  under  the  jurisdiction  of  the  U.  States, 
and  one  year  at  least,  immediately  preceding  his 
application,  within  the  state  or  territory  where  such 
court  is  at  the  time  held  ;  he  complying  with  the 
usual  requisites  at  the  time  of  his  admission. 

Any  alien,  who  has  made  report,  on  his  arrival  in 
the  United  States,  (as  in  No.  I.)  and  who  has  made 
a  declaration  (as  in  No  II.)  of  bona  fide  intenti  on, 
dying  before  be  is  actually  naturalized,  his  widow 
and  children  are  considered  as  such,  upon  taking 
the  oath  prescribed  by  law,  (\ as  in  No.  IV.) 

T!  le  children  of  persons  duly  naturalized  under 
any  of  the  laws  of  the  United  States  ;  or  who,  pre¬ 
viously  to  the  passing  of  any  law  on  that  subject  by 
the  government  of  the  United  States,  [z.  e.  previ¬ 
ously  to  the  28th  of  March,  1790,]  may  have  be¬ 
come  citizens  of  any  one  of  the  states  under  the  laws 
{hereof,  being  under  the  age  of  twenty-one  years  at 

20  / 


230 


BOND. 


the  time  of  their  parent’s  being  naturalized,  are 
dwelling  in  the  United  States,  considered  citizens. 

General  Observations. 

Every  court  of  record,  in  any  individual  state, 
having  common  law  jurisdiction,  and  a  seal,  and 
clerk  or  prothonatary,  is  considered  as  a  district 
court,  within  the  meaning  of  the  acts  respecting 
naturalization. 

The  provisions  of  the  acts  respectng  naturaliza¬ 
tion  have  reference  to  free  whitealiens  only. 


To  extend  the  time  for  payment  of  a  Bond  by  en¬ 
dorsement. 

The  within  mentioned  principal  sum  of  — ,  is 
made  for  securing  the  within  mentioned  sum  of — , 
and  interest  at  the  end  of  —  from  the  date  of  it; 
yet  the  within  named  C  D  doth  hereby  for  himself, 
his  heirs,  executors,  administrators  and  assigns, 
covenant,  promise  and  agree,  with  and  to  the  within 
bounden  A  D,  his  heirs,  executors,  and  administra¬ 
tors,  that  in  case  the  interest  of  the  said  sum  of  — , 
after  the  rate  aforesaid,  shall  be  regularly  paid  every 
half  year  on  the  —  day  of  — ,  and  the  —  day  of 
— ,  or  within  —  after  each  half  yearly  payment 
shall  become  due,  then  and  in  such  case,  he  the  said 
C  D,  his  executors  or  administrators,  shall  not,  nor 
will  call  in  the  said  sum  of  — ,  or  any  part  thereof, 
lior  commence  nor  prosecute  any  action  or  other 
legal  proceedings  to  compel  the  payment  of  the 
same,  or  of  any  part  thereof,  during  the  space  or 
term  of  —  years,  commencing  and  to  be  computed 
from  the  day  of  the  date  hereof,  any  thing  in  the 
within  written  bond  contained  to  the  contrary  in 
any  wise  notwithstanding. 

In  witness  §*c. 


BONDS. 


23  i 

Collector’s  Bond. 

Know  all  men  by  these  presents,  that  we,  A  B,  of 
P,  in  the  county  of — ,  (addition)  as  principal,  and 
C  D  and  E  F,  all  of  said  P,  (addition)  as  sureties, 
are  held  and  stand  firmly  bound  and  obliged  to  L 
M,  Treasurer  of  the  said  town  ofP,  in  his  said  ca¬ 
pacity,  and  to  his  successor  in  his  said  office,  in  the 
sum  of —  dollars,  to  which  payment  well  and  truly 
to  be  made,  we  bind  ourselves,  our  heirs,  executors 
and  administrators  firmly  by  these  presents. 

Sealed  with  our  seals,  dated  this  —  day  of  — ,  in 
the  year  of  our  Lord,  &lc. 

The  condition  of  this  obligation  is  such,  that 
whereas  the  said  A  B,  has  been  duly  chosen  to  the 
office  of  collector  of  taxes  for  said  town  of  P,  for 
the  year  next  ensuing  from  the  —  day  of  — ,  in  the 
year  of  our  Lord,  he. 

Now  if  the  said  A  B,  as  collector  aforesaid,  shall 
during  the  year  aforesaid,  faithfully  collect  all  such 
rates  and  taxes  as  shall  be  lawfully  assessed  on  the 
polls  and  estates  of  said  tow  n  of  P,  committed  to 
him  to  collect ;  and  shall  faithfully  serve  and  exe¬ 
cute  all  warrants  for  the  collection  of  such  rates  and 
taxes  so  committed  to  him  for  collection,  when 
issued  by  the  proper  authority  ;  and  shall  pay  over 
said  taxes,  agreeably  to  the  directions  of  such  w  ar¬ 
rants  therein  mentioned  and  expressed,  then  this 
obligation  shall  be  null  and  void,  otherwise  remain 
in  full  force  and  virtue. 

Signed ,  sealed,  and  delivered , 
in  presence  of 


Constable’s  Bond. 

Know  all  men  by  these  presents,  that  we,  A  B, 
of  P,  in  the  county  of  C,  (addition)  as  principal, 
and  C  D  and  E  F,  all  of  said  P,  in  said  county  of 
C,  (addition)  as  sureties,  are  held  and  stand  firmly 
bound  and  obliged  to  L  M,  treasurer  of  said  town 


DEED. 


ofP,  in  his  said  capacity,  and  to  his  successor  in 
his  said  office,  in  the  sum  of  two  hundred  dollars, 
to  which  payment  well  and  truly  to  be  made,  we 
bind  ourselves,  our  heirs,  executors  and  adminis¬ 
trators  firmly  by  these  presents. 

Sealed  with  our  seals,  dated  at  P,  this  —  day  of 
— ,  in  the  year  of  our  Lord,  &lc. 

The  condition  of  this  obligation  is  such,  that 
whereas  the  above  bounden  A  B,  was  on  the  — 
da}'  of  — ,  in  the  year  IS  — ,  chosen  constable 
of  the  said  town  of  P,  for  the  current  year  :  Now 
if  (he  said  A  B,  shall  well  and  truly  serve,  execute 
and  return  all  precepts  issuing  from  legal  authority, 
to  him  directed  and  committed  ;  and  shall  pay  over 
all  moneys  which  he,  in  his  said  capacity  as  consta¬ 
ble,  shall  collect  and  receive  ;  and  shall  faithfully 
perform  all  duties  to  his  said  office  appertaining, 
then  this  obligation  shall  be  null  and  void,  other-* 
wise  remain  in  full  force  and  virtue. 

Signed ,  sealed ,  a7id  delivered , 
in  presence  of  us, 


COLLECTOR’S  DEED. 

To  all  people  to  whom  these  presents  shall  come, 
I,  A  B,  collector  of  taxes  for  the  town  of  — ,  in  the 
county  of  — ,  for  the  year  one  thousand  eight  hund¬ 
red  and  — ,  legally  chosen  and  sworn, 

SEND  GREETING. 

Whereas  the  assessors  of  the  said  town  of  — , 
for  the  year  aforesaid,  legally  chosen  and  sworn, 
have  agreeably  to  law,  assessed  the  lot  of  land 
(her?  insert  the  No.  and  range  or  division, or  the  words 
by  which  it  is  usually  described )  which,  in  their  list 
of  assessments  they  have  committed  to  me  to  col¬ 
lect,  in  the  sum  of —  :  And  w  hereas  no  person  has 
appeared  to  discharge  the  said  tax,  although  I  have 
advertised  and  posted  the  same  in  (here  name  the 
papers ,  and  the  place  where  posted)  as  the  law  di¬ 
rects  :  Therefore,  know  ye,  that  I,  the  said  A  B, 


SUBPOENA. 


233 


in  consideration  of  the  sum  of  — ,  to  me  paid  for 
discharging  the  said  taxes,  and  necessary  interven¬ 
ing  charges,  by  C  D,  of  — ,  have  granted,  bargain¬ 
ed,  sold  and  conveyed,  and  do  hereby  grant,  &c.  to 
the  said  C  D,  his  heirs  and  assigns  forever.  ( Here 
describe  the  premises,  and  particularly  the  number  of 
acres.)  The  same  having  been  struck  off  to  the 
said  C  D,  he  being  the  highest  bidder  therefor,  at 
a  public  auction  legally  notified,  begun  and  held  at 
the  (dwelling  house  or  store  of  E  F,)  in  said  — ,  on 
the  —  day  of  —  last  :  To  have  and  to  hold  the 
same  to  the  said  C  D,  his  heirs  and  assigns  forever, 
to  his  and  their  only  proper  use  and  behoof  forev¬ 
er  ;  subject,  however,  to  the  said  proprietor  or  pro¬ 
prietors’  right  of  redemption  thereof,  at  any  time 
within  two  years  from  said  — ,  the  time  of  sale  as 
aforesaid.  And  I  do  covenant  with  the  said  C  D, 
his  heirs  and  assigns,  that  the  taxes  aforesaid  were 
assessed  and  published,  and  notice  of  the  intended 
sale  of  the  said  lands  given,  according  to  law ;  and 
that  in  all  respects  1  have  observed  the  directions  of 
the  law,  whereby  I  have  good  right  and  full  power 
to  sell  and  convey  the  premises  to  the  said  C  D,  to 
hold  as  aforesaid. 

In  witness  whereof,  I  do  hereunto  set  my  hand 
and  seal  this  —  day  of — ,  Anno  Domini,  one  thou¬ 
sand  eight  hundred  and  — . 

Signed,. sealed  and  delivered , 
in  presence  of  us, 

C— ,  ss.  (date.)  Then  the  above  named  a  E,  acknowledged  thp 
above  instrument  to  be  hi.-*  free  act  and  deed.. 

Before  me,  J  P,  Justice  Peace. 

Subpoena  for  a  Witness. 

C — ,  ss.  To  L  M,  of  — ,  in  the  county  of  — 
(addition)  Greeting: 

You  are  hereby  required,  in  the  name  of  the  State 
of  Maine,  to  make  your  appearance  before  me  G  FI, 
Esq.  one  of  the  Justices  of  thePeace3  in  and  for  said 

*20 


234 


SUMMONS. 


county,  on  — ,  the  —  day  of  — ,  at  my  dwelling- 
house,  to  wit,  at  my  office  in  W,  in  said  county,  at 
(ten)  o’clock  in  the  (fore)  noon,  to  give  evidence  of 
what  yon  know  relating  to  an  action  or  plea  of  — , 
then  and  there  to  be  beard  and  tried  betwixt  C  D, 
of  — ,  (addition)  Plaintiff,  and  E  F,  of  — ,  (addi¬ 
tion)  Defendant.  Hereof  fail  not,  as  you  will  an¬ 
swer  to  your  default  under  the  pains  and  penalty  in 
the  law  in  that  behalf  made  and  provided. — Dated 
at  W,  aforesaid,  the  —  day  of  — ,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  — . 

G  H,  Justice  Peace. 

Summons  to  a  Witness  to  make  deposition. 

C — ,  ss.  To  A  B,  of  — ,  in  the  county  of  — , 
(addition)  Greeting: 

Whereas  C  D,  of  — ;,  in  the  county  of  — ,  ( addi¬ 
tion ,)  has  requested  me  to  take  your  deposition,  to 
be  used  in  an  action  now  pending  between  him  and 
E  F,  of — ,  in  the  county  of  — ,  (addition,)  and  the 
dwelling-house  of  G  H,  Esq.  in  — ,  in  said  county, 
and  the  —  day  of  — ,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  W,  at  (ten)  of  the  clock 
in  the  (fore)  noon,  are  appointed  the  time  and  place 
for  taking  the  same  deposition.  You  are  hereby 
required,  in  the  name  of  the  State  of  Maine,  then 
and  there  to  appear,  to  testify  what  you  know  relat¬ 
ing  to  the  said  action.  Hereof  fail  not. 

Given  under  my  hand  and  seal,  at  W  aforesaid, 
the  —  day  of  — ,  in  the  year  of  our  Lord  one  thou¬ 
sand  eight  hundred  and  — . 

J  P,  Justice  Peace. 


JYotice  to  a  party  of  the  taking  of  a  deposition. 

C — ,  ss.  To  E  F,  of  — ,  in  the  county  of  — , 
(addition)  '  Greeting: 

Whereas  C  D,  of  — ,  in  the  county  of  — ,  (addi¬ 
tion  )  lias  requested  me  to  take  the  deposition  of  A 
B,  of — ,  in  the-county  of  — ,  (addition)  to  be  used 


DEPOSITION. — WARRANT  FOR  TOWN  MEETING.  235 

in  an  action  of  — ,  now  pending  between  you  and 
the  said  C  D,  and  the  house  of  G  H,  Esquire,  in 
"VV,  in  said  county,  and  the —  day  of  — ,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
— ,  at  (ten)  of  the  clock  in  the  (fore)  noon,  are  ap¬ 
pointed  the  time  and  place  for  the  said  deponent  to 
testify  what  he  knows  relating  to  the  said  action  ; 
you  are  hereby  notified  that  you  may  then  and 
there  be  present,  and  put  such  interrogatories  as 
you  may  think  fit. 

Given  under  my  hand  and  seal,  at  W  aforesaid, 
the  —  day  of  — ,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  — . 

J  P,  Justice  of  the  Peace * 


Caption  of  a  Deposition. 

C — ,  ss.  (Date)  On  the  —  day  of  — ,  in  the 
year  of  our  Lord,  he.  the  aforesaid  was  examined 
and  cautioned,  and  sworn  (or  affirmed)  agreeably 
to  law,  to  the  deposition  aforesaid  by  him  subscrib¬ 
ed,  taken  at  the  request  of  — ,  and  to  be  used  in  ail 
action  of  — ,  now  pending  between  him  and  — ,  be¬ 
fore  (Here  name  the  court ,  Justice ,  referees ,  or  arbi¬ 
trators  ; )  and  the  adverse  party  was,  or  was  not  pres¬ 
ent,  (as  the  case  may  be,)  the  said  deponent  living 
more  than  thirty  miles  from  the  place  of  trial,  (or, 
being  about  to  go  out  of  the  state  and  not  to  return  in 
time  for  the.  trial ,  or  being  bound  on  a  voyage  to 
sea ,  or  being  so  sick,  or  being  so  infirm ,  or  beingso 
aged  as  to  be  unable  to  travel  and  attend  at  the  trial) 
is  the  cause  of  taking  this  deposition. 

J  P,  Justi  ce  of  the  Peace. 

Warrant  for  calling  town  meeting  for  the  choice  of 

town  officers,  fyc. 

STATE  OF  MAINE. 

C — ,  ss.  To  A  B,  one  of  the  constables  of  the 
town  of  W,  within  said  county,  Greeting. 

In  the  name  of  the  State  of  Maine,  you  are  here¬ 
by  required  to  warn  the  freeholders  and  other  in- 


236 


WARRANT  FOR  TOWN  MEETING. 


habitants  of  the  said  town  of  W,  qualified  to  vote 
in  town  affairs,  to  meet  and  assemble  at  — ,  on  — , 
the  —  day  of  — ,  at  —  of  the  clock  in  the  —  noon, 
then  and  there  to  act  on  the  following  articles,  viz.  : 

1.  To  choose  a  moderator  to  govern  said  meet- 
ing. 

2.  To  choose  all  town  officers,  to  serve  the  town 
the  ensuing  year. 

3.  To  raise  all  such  sums  of  money  as  may  be 
necessary  to  defray  the  charges  of  the  town. 

(Jldd  other  specifications,  as  the  case  may  be.) 

Hereof  fail  not  and  make  due  return  of  this  war¬ 
rant,  and  of  your  doings  thereon,  unto  the  select¬ 
men,  on  or  before  the  said  day. 

Dated  at  W  aforesaid,  the  —  day  of  — ,  in  the 
year  of  our  Lord  one  thousand  eight  hundred 
and  — .  } 

>  Selectmen. 

C — ,  ss.  (Date.)  By  virtue  of  this  warrant,  I 
have  warned  the  freeholders  and  other  inhabitants 
of  the  town  of  W,  qualified  to  vote  in  town  affairs, 
to  assemble  at  the  time  and  place,  and  for  the  pur¬ 
poses  therein  mentioned. 

N  O,  Constable. 


Warrant  for  calling  town  meeting  for  choice  of  Gov~ 

ernor ,  fyc. 

STATE  OF  MAINE. 

C — ,  ss.  To  A  B,  one  of  the  constables  of  the 
town  of  W,  within  said  county,  Greeting  : 

In  the  name  of  the  State  of  Maine,  you  are  requi¬ 
red  forthwith  to  warn  all  the  freeholders  and  other 
inhabitants  of  the  town  of  W,  being  “  of  the  age  of 
twenty  one  years  and  upwards,  except  paupers,  per¬ 
sons  under  *  guardianship,  and  Indians  not  taxed, 
having  their  residence  established  in  this  ^tate  (and 
in  said  town)  three  months  next  preceding  said  day 


CORONERS'. 


237 


ef  election,”  to  assemble  at  — ,  in  said  town,  on 
Monday,  the  —  day  of  September  next,  at  —  of  the 
clock  in  the  —  noon  ;  then  and  there  to  give  in 
their  votes  for  governor,  senators  and  representa¬ 
tives,  for  the  year  ensuing,  agreeably  to  the  consti¬ 
tution. 

(The  remainder  of  the  warrant ,  and  the  return 
may  be  the  same  as  in  the  preceding.) 

DUTY  AND  POWER  OF  CORONERS. 

By  the  laws  of  Maine  it  is  provided  “  That  each 
Coroner  shall,  as  soon  as  he  shall  be  certified  of 
the  dead  body  of  any  person  supposed  to  have  come 
to  his  death  by  violence  or  casualty,  found  or  lying 
within  his  county,  make  out  his  warrant  directed  to 
the  Constable  of  the  town  where  the  dead  body  is 
found  or  lying,  or  the  Constables  of  one  or  more 
of  the  three  or  four  next  adjacent  towns,  requiring 
them  forthwith  to  summon  a  Jury  of  good  and  law¬ 
ful  men  of  the  same  town  or  towns,  sufficient  to 
make  up  nine  in  all,  to  appear  before  him  at  the 
time  and  place  in  such  warrant  mentioned  and  ex¬ 
pressed ;  which  warrant  shall  be  inform  following: 

[l.  s.]  C — ,  ss.  To  either  of  the  constables  of 
— ,  in  the  said  county  of  C,  Greeting  : 

These  are  in  the  name  of  the  State  of  Maine,  to 
require  you  immediately  to  summon  and  warn  — * 
good  and  lawful  men  of  the  said  town  of  — ,  to  ap¬ 
pear  before  me,  one  of  the  coroners  of  the  said  coun¬ 
ty  of  C,  at  the  dwelling-house  of — ,  (or  at  a  place 
called,  — ,  within  the  said  town  of — ,)  at  the  hour  of 
— ,  then  and  there  to  inquire  upon  the  view  of  the 
body  of  — ,  there  King  dead,  how  and  in  what 
manner  he  came  to  his  death.  Fail  not  herein  at 
your  peril. 

Given  under  my  hand  and  seal,  at — ,  the  — day 
of — ,  in  the, year  of  our  Lord,  one  thousand  eight 
hundred  and  — W  G. 


233 


CORONERS. 


And  every  Constable  to  whom  such  warrant  shall 
be  directed  and  delivered  shall  forthwith  execute 
the  same,  and  shall  repair  to  the  place  where  the 
dead  body  is,  at  the  time  mentioned,  and  make  re¬ 
turn  of  the  warrant  with  his  doings  thereon,  unto 
the  Coroner,  that  granted  the  same.  And  every 
Constable  failing  unnecessarily  of  executing  such 
warrant,  or  of  returning  the  same  as  aforesaid,  shall 
forfeit  the  sum  of  ten  dollars,  and  every  person 
summoned  as  a  Juror  as  aforesaid,  that  shall  fail  of 
appearance  without  having  reasonable  excuse  there¬ 
for,  shall  forfeit  seven  dollars ;  which  forfeitures 
shall  be  recovered  by  action  of  debt  before  any 
Court  that  can  take  cognizance  of  the  same,  and 
shall  be  applied  to  the  use  of  the  county.  And  the 
Coroner  shall  swear  six  or  more  of  the  Jurors  that 
shall  appear,  and  shall  give  the  foreman  by  him 
appointed,  his  oath  upon  view  of  the  body,  in  form 
following  : 

You  solemnly  swear  that  you  will  diligently  in¬ 
quire  and  true  presentment  make  on  behalf  of  this 
State,  how  and  in  what  manner  A  B,  who  lies  here 
dead,  came  to  his  death,  and  you  shall  deliver  up 
to  me,  one  of  the  coroners  of  this  county,  a  true  in¬ 
quest  thereof,  according  to  such  evidence  as  shall  be 
laid  before  you,  and  according  to  your  knowledge. 
So  help  you  God. 

And  then  shall  swear  the  other  Jurors  in  form 
following:  Such  oath  as  your  foreman  hath  taken, 
you  and  each  of  you  shall  well  and  truly  observe 
and  keep.  So  help  you  God. 

And  the  Jurors  being  sworn,  the  Coroner  shall 
give  them  a  charge  upon  their  oaths,  to  declare  of 
the  death  of  the  person,  w  hether  he  died  of  felo¬ 
ny,  or  of  mischance,  or  accident;  and  if  of  felony, 
who  were  principals,  and  who  were  accessaries ; 
with  what  instrument  he  was  struck  or  wounded, 
and  so  of  all  prevailing  circumstances,  which  may 
come  by  presumption ;  and  if  by  mischance  or  aa- 


CORONERS. 


239 


cident,  whether  by  the  act  of  man,  and  whether  by 
hurt,  fat!,  stroke,  drowning  or  otherwise;  to  inquire 
of  the  persons  who  were  present,  the  finders  of  the 
body,  his  relations  and  neighbours,  whether  he  was 
killed  in  the  same  place  where  he  was  found,  and  if 
elsewhere,  by  whom,  and  how  he  was  brought  from 
thence;  and  of  all  circumstances  relating  to  the 
said  death  A  id  if  he  died  of  his  own  fidonly,  then 
to  inquire  of  the  manner,  means  or  instrument  and 
of  all  circumstances  concerning  it.  And  the  Jury 
being  charged  shall  stand  together,  and  proclama¬ 
tion  shall  be  made  for  any  person  that  can  give 
evidence,  to  draw  near  and  that  they  shall  be  heard 
And  every  Coroner  is  further  empowered  to  send 
out  his  warrant  for  witnesses,  commanding  them  to 
come  before  him,  to  be  examined,  and  to  declare 
their  knowledge  concerning  the  matter  in  question  ; 
and  he  shall  administer  an  oath  to  them  in  form 
following  : 

You  solemnly  swear,  that  the  evidence  which  you 
shall  give  to  this  inquest,  concerning  the  death  of 
A  B,  here  lying  dead,  shall  be  the  truth,  the  whole 
truth,  and  nothing  but  the  truth.  So  help  you 
Gud. 

The  evidence  of  such  witnesses  shall  be  in  wri¬ 
ting  subscribed  by  them  :  and  if  they  relate  to  the 
trial  of  any  person  concerned  in  the  death,  then 
shall  the  Coroner  bind  such  witnesses  by  recogni¬ 
zance  in  a  reasonable  sum  for  their  personal  ap¬ 
pearance  at  the  next  Supreme  Judicial  Court,  to  be 
holden  within  or  for  the  same  county,  there  to  give 
evidence  accordingly  ;  and  commit  to  the  common 
gaol  of  the  county  such  witness  or  witnesses  as  shall 
refuse  to  recognize  as  aforesaid  ;  and  shall  return 
to  the  same  court  the  inquisition,  written  evidence 
and  recognizance  by  him  taken.  And  the  Jury 
■  having  viewed  the  body,  heard  the  evidence,  and 
made  all  the  inquiry  within  their  power,  they  shall 
draw  up  and  deliver  unto  the  Coroner  their  verdict 


240 


CORONERS. 


upon  the  death  under  consideiation,  in  writing  un¬ 
der  their  hands  and  seals,  in  form  following  : 

S  — ,  ss.  An  inquisition  taken  at  B,  within  the 
said  county  of  S,  the  —  day  of  — ,  in  the  year  of 
our  Lord  — ,  before  VV  G,  gentleman,  one  of  the 
coroners  of  the  said  county  of  S,  upon  the  view  of 
the  body  of  A  B,  there  lying  dead,  by  the  oaths  of 
* —  yeomen,  good  and  lawful  men,  who  being  char¬ 
ged  and  sworn  to  inquire  for  the  State,  when,  how, 
and  by  what  means  the  said  A  B  came  to  his  death, 
upon  their  oaths  do  say —  (Then  insert  how ,  when , 
on d  by  what  means ,  with  what  instrument  he  was  kil- 
Itd  ;  and  if  it  appears  that  :  e  hath  been  murdered  by 
a  person  known,  then  the  inquisition  shall  be  conclu¬ 
ded  in  this  form,)  to  wit  :  And  so  the  Jurors  afore¬ 
said  upon  their  oaths  aforesaid,  do  say,  that  the 
aforesaid  A  B,  in  manner  and  form  aforesaid,  then 
and  thereof  his  malice  aforethought,  did  kill  and 
murder  against  the  peace  and  dignity  of  the  State, 
and  the  laws  of  the  same.  (Jf  it  appears  to  be  self- 
murder,  then  shall  the  inquisition  be  concluded  thus  :) 
And  so  the  Jurors  aforesaid,  thus  upon  their  oaths 
aforesaid,  do  say,  that  the  said  A  B,  in  manner  and 
form  aforesaid,  then  and  there  voluntarily  and  felo¬ 
niously  as  a  felon  of  himself,  did  kill  and  murder 
himself  against  the  peace.  (And  if  it  appears  that 
the  death  was  by  misfortune.)  And  so  t he  Jurors 
aforesaid,  upon  their  oaths  say,  that  the  said  A  B, 
in  manner  aforesaid,  came  to  his  death  by  mi  for¬ 
tune.  (If  innocently,  by  the  hands  of  any  person ,) 
The  Jurors  upon  their  oaths  aforesaid  do  say,  that 
the  aforesaid  D  R,  the  aforesaid  A  B,  by  misfortune, 
and  against  and  contrary  to  the  will  of  him,  the 
said  D  R,  in  manner  and  form  aforesaid,  did  kill 
and  slay. 

In  witness  whereof,  the  said  coroner  and  jurors  to 
this  inquisition,  have  set  their  hands  and  seals 
above  said  And  upon  an  inquisition  found  before 
any  Coroner  of  tl^e  death  of  any  person,  by  the 


CORONERS. 


241 


felony  or  misfortune  of  another,  he  shall  speedily 
inform  one  or  more  of  the  Justices  of  the  same 
county  thereof,  to  the  intent  that  the  person  killing, 
or  being  any  way  instrumental  to  the  death,  may  be 
apprehended,  examined  and  secured  in  order  for 
trial.” 


C—s  ss.  Bill  of  Costs  of  an  Inquisition  taken  at 
— ,  within  the  said  county  of  — ,  on  the  —  day  of — , 
A.  D.  18  ,  before  W  G,  one  of  the  Coroners  of  the 

said  count}7,  upon  the  view  of  the  body  of — ,  late 
of  the  town  of — ,  within  this  State. 


The  Coroner’s  fees  for  granting  a  warrant  and  tak-  ? 
ing  an  Inquisition,  ■  > 

The  Coroner  for  his  travel  and  expense  in  taking  ? 
the  Inquisition, 

Mr.  N  O,  the  Constable,  his  attendance  and  expen-  ? 
ses  and  summoning  the  Jury,  -  £ 

Mr.  N  O,  the  Constable,  for  summoning  witnesses,  > 
at  10  cents  each, 

Fees  for  —  Jurors  sworn  and  attended,  at  75  cts.  ea. 


$1  00 
1  00 
90 


Fees  for  — witnesses  sworn  and  examined  at  33  c.  ea. 


Juror’s  Names. 

Juror’s  Names . 

Witnesses  Names . 

5  Coroner  for  the  county 

l  of 

It  is  also  provided,  That  every  Coroner  within 
the  county  for  which  he  is  appointed,  shall,  after  the 
return  of  an  inquisition  of  the  Jury,  upon  the  view 
of  a  dead  body  of  any  stranger,  bury  said  body  in  a 
decent  manner  ;  and  the  expenses  thereof,  together 
21 


i 


242 


CORONERS- 


with  all  the  expenses  of  said  inquisition  and  the  cor¬ 
oner’s  fees,  shall  be  paid  to  said  coroner  out  of  the 
Treasury  of  this  State,  an  account  of  said  expenses 
being  first  examined  and  allowed  by  the  Legislature, 
in  the  same  manner  that  accounts  for  State  paupers 
are  allowed.  Provided  the  coroners  who  shall  re¬ 
turn  the  inquisition,  shall  certify  under  oath,  that  the 
person  found  dead,  was  a  stranger  not  belonging  to 
this  State,  according  to  the  best  of  his  knowledge 
and  belief;  otherwise  the  expenses  of  taking  up  and 
burial,  shall  be  paid  to  such  coroner,  by  the  town 
where  such  dead  body  was  found,  and  repaid  to 
them  by  the  town  to  which  said  stranger  belonged, 
if  an  inhabitant  of  this  State  ;  and  the  expenses  of 
said  inquisition  shall  be  paid  to  the  coroner,  by  the 
county  in  which  the  inquisition  shall  be  taken. 


Power  and  Duty  of  Coroners  in  proving  legal  pro¬ 
cesses. 

It  is  by  law  provided,  That  every  Coroner  with¬ 
in  the  county,  for  which  he  is  appointed,  shall  serve 
all  writs  and  precepts,  when  the  sheriff  or  either  of 
his  deputies  shall  be  a  party  to  the  same;  and  shall, 
if  present  in  court,  return  jurors  de  talibus  circum- 
st  antibus,  in  all  causes  where  the  sheriff  of  the  coun¬ 
ty  shall  be  interested  or  related  to  either  party. 
And  when  the  office  of  sheriff  in  any  county  may  be 
vacant  by  death,  resignation,  removal  or  otherwise, 
the  several  coroners  of  such  county  be,  and  they 
are  respectively  authorized  and  empowered  to  exe¬ 
cute  and  return  all  writs  and  precepts,  which  are  by 
law  appointed  to  be  executed  and  returned  by  the 
sheriff,  until  another  sheriff  for  such  county  shall  be 
appointed  and  legally  qualified,  and  such  coroners 
shall  have  notice  thereof.  Coroners  are  also  au¬ 
thorized  and  empowered  to  make  service  and  return 
of  all  writs  and  processes  to  them  duly  directed  in 
which  towns  or  plantations,  of  which  they  are  in- 


CORONERS. 


243 


habitants,  are  parties  or  interested,  any  law,  usage 
or  custom  to  the  contrary  notwithstanding. 


Powers  and  Duties  of  Sheriffs  and  Constables. 

It  is  by  law  provided,  That  the  sheriff  of  each 
county  in  this  State,  shall  have  power,  and  it  shall 
be  his  duty,  and  the  duty  of  each  of  his  deputies,  to 
serve  and  execute  within  his  county,  all  writs  and 
precepts  to  him  or  them  directed  and  committed, 
issued  from  good  and  lawful  authority  ;  including 
all  writs  and  processes  in  which  towns,  of  which 
they  are  inhabitants,  are  parties  or  interested* 

If  any  sheriff  or  bis  deputy,  shall  unreasonably 
neglect  or  refuse  to  pay  to  any  person,  any  money 
received  by  him  upon  execution  to  the  use  of  such 
person,  upon  demand  thereof  being  made,  he  shall 
forfeit  and  pay  to  such  person  live  times  the  lawful 
interest  of  such  money,  so  long  as  he  shall  so  un¬ 
reasonably  detain  the  same  after  such  demand  is 
made. 

It  is  also  provided ,  That  no  sheriff  or  deputy 
sheriff  shall  be  suffered  to  appear  in  any  court,  or 
before  any  Justice  of  the  Peace,  as  attorney  to,  or 
in  behalf  of,  or  assisting,  or  advising  to  any  party 
in  a  suit  ;  nor  shall  any  sheriff,  or  bis  deputy  be 
allowed  to  draw,  make  or  fill  up  any  plaint,  decla¬ 
ration,  writ  or  process,  or  to  draw  or  make  any  plea 
for  any  other  person  ;  but  all  sue!)  acts  done  by 
either  of  them  shall  be  void. 

It  is  also  provided ,  That  if  any  person  shall, with 
an  intent  thereby  to  procure  himself  to  be  retained 
as  an  attorney,  or  employed  as  a  justice  of  the 
peace,  sheriff,  deputy  sheriff,  coroner  or  constable 
in  the  collection  of  any  note,  account  or  other  de¬ 
mand  whatever,  by  a  suit  at  law,  or  with  an  inten 
thereby  to  procure  and  obtain  any  promissory  note, 
account,  or  other  demand  for  the  purpose  of  mak- 


244 


CORONERS. 


% 


ing  to  himself  any  gain  or  profit  from  the  writs  or 
fees,  arising  in  the  collection  thereof,  by  a  suit  at 
law,  directly  or  indirectly  loan  or  advance  any  sum 
or  sums  of  money  ;  or  shall  promise  to  loan  or  ad¬ 
vance  any  sum  or  sums  of  money  ;  or  shall  forbear 
and  give  day  of  payment ;  or  shall  promise  to  for¬ 
bear  and  give  day  of  payment  of  any  sum  of  money 
due  on  any  demand  left  with  such  person  to  be  by 
him  collected  ;  or  shall  pay  or  assume  to  pay  any 
debt  of  any  person  whatever  ;  or  shall  purchase  any 
goods  or  chattels,  or  shall  give  or  promise  any  val¬ 
uable  consideration  whatever,  w  ith  an  intent  thereby 
to  procure  and  obtain  any  promissory  note,  account 
or  demand,  for  the  purpose  of  making  to  himself 
any  gain  or  profit,  from  the  writs  or  fees,  arising  in 
the  collecting  thereof,  by  a  suit  at  law  ;  every  per¬ 
son  so  offending,  shall  forfeit  and  pay  a  sum,  not 
more  than  five  hundred,  nor  less  than  twenty  dollars 
for  each  and  every  offence,  to  he  recovered  by  iu- 
dictment  in  the  Supreme  Judicial  Court. 

It  is  also  further  provided ,  That  if  any  person, 
with  any  of  the  intents  and  purposes  mentioned  (in 
the  section  preceding)  shall  become  liable  or  respon¬ 
sible  in  any  manner  whatever,  directly  or  indirectly, 
for  the  payment  of  money  or  other  things,  or  shall 
become  surety  for  another,  or  shall  become  party  to 
any  security  or  assurance  for  the  payment  of  money 
or  other  commodities  whatever,  or  shall  request  or 
advise  or  procure  another  person  so  to  become  liable 
or  responsible,  or  surety,  or  party,  as  aforesaid,  ev¬ 
ery  person  so  offending,  shall  be  liable  to  the  pains 
and  penalties  mentioned,  (in  the  section  aforesaid) 
to  be  recovered  and  appropriated  in  the  manner 
therein  provided. 


A  Constable,  in  order  to  be  legally  qualified  for 
discharging  the  duties  of  his  office,  must  give  bond 
to  the  Treasurer  of  his  town  in  the  sum  of  two  hun¬ 
dred  dollars,  with  two  sureties,  sufficient  in  the  opiu- 


CORONERS. 


245 


ion  of  the  selectmen  and  town  clerk,  for  the  faithful 
performance  of  his  duties  and  trusts  ;  and  for  any 
process  he  shall  serve  or  execute  before  giving  such 
bond,  he  shall  forfeit  and  pay  not  less  thap  twenty, 
nor  more  than  fifty  dollars,  recoverable  to  the  use 
of  any  person  who  shall  sue  for  the  same.  A  con¬ 
stable  in  the  execution  of  the  warrant,  or  writ  to 
him  directed  bylawful  authority,  shall  have  author¬ 
ity  to  convey  as  well  any  prisoner  or  prisoners,  as 
things  that  he  may  have  taken  into  his  custody, 
either  to  the  justice  issuing  such  warrant  or  writ,  or 
to  the  common  gaoler  or  house  of  correction  of  the 
county  where  such  constable  is  an  inhabitant,  ac¬ 
cording  as  in  the  writ  or  warrant  may  be  directed. 

And  any  Sheriff,  Deputy  Sheriff,  or  Constable, 
being  in  the  execution  of  his  office  for  the  preserva¬ 
tion  of  the  Peace,  or  for  the  apprehending  or  secur¬ 
ing  any  person  or  persons  for  the  breach  of  the  same, 
or  for  any  other  criminal  cause,  shall  have  lawful 
authority  to  require  suitable  aid  and  assistance 
therein. 

It  is  also  provided ,  that  any  constable  in  any 
town  or  plantation  within  this  State,  be,  and  he  is 
authorized  and  empowered  to  serve  upon  any  per¬ 
son  or  persons  in  the  town  or  plantation  to  which 
he  may  belong,  any  writ,  summons  or  execution,  in 
any  personal  action,  where  the  damage  sued  for,  or 
recovered,  shall  not  exceed  one  hundred  dollars ;  in¬ 
cluding  all  writs  and  processes  to  them  duly  directed, 
in  which  towns  or  plantations  of  they  are  inhabitants, 
are  parties  or  interested,  and  return  thereof  to  make 
to  the  court  to  which  the  same  mav  be  returnable. 

It  is  also  provided,  that  no  person  shall  serve  or 
execute  any  civil  process,  from  midnight  preceding 
to  midnight  following  the  Lord’s  day:  but  the  ser¬ 
vice  thereof  shall  be  void,  and  the  person  serving 
the  same  shall  be  as  liable  to  answer  damages  to 
the  party  aggrieved,  as  if  he  had  done  the  same 
without  any  such  civil  process. 

All  actions  against  Sheriffs,  for  the  misconduct 
21* 


246 


CORONERS. 


and  negligence  of  their  Deputies,  shall  be  com¬ 
menced  and  sued  within  four  years  next  after  the 
cause  of  action,  (and  not  after.) 

Sect.  5,  of  an  act  respecting  the  attachment  of 
property ,  fyc.  enacts ,  that  when  goods  or  chattels 
shall  be  taken  to  satisfy  an  execution  issuing  upon 
a  judgment  obtained,  such  goods  or  chattels  shall 
be  safely  kept,  by  the  officer,  at  the  expense  of  the 
debtor,  for  the  space  of  four  days  next  after  they 
are  so  taken  ;  and  if  within  that  time  the  owner 
shall  not  redeem  the  same  by  otherwise  satisfying 
the  execution,  such  goods  and  chattels  shall  be  sold 
at  public  vendue,  to  the  highest  bidder,  having  first 
been  advertised,  by  posting  up  notifications  of  the 
time  and  place  of  sale,  forty-eight  hours  before  the 
expiration  of  the  four  days,  in  the  town  or  place 
where  the  sale  is  to  be  ;  and  the  money  arising  upon 
such  sale  shall  be  applied  to  the  paying  charges 
and  the  satisfying  the  execution ;  and  the  officer 
shall  return  the  overplus,  (if  any  there  be)  to  the 
debtor.  And  the  officer,  who  is  possessed  of  the 
execution  shall  make  return  of  the  execution,  with 
his  doings  therein,  particularly  describing  the  goods 
taken  and  sold,  and  the  sum  for  which  each  article 
.  was  struck  off;  and  if  any  officer  shall  be  found 
guilty  of  any  fraud  in  the  sale,  or  in  the  return,  he 
shall  be  liable  to  the  debtor  to  pay  him  five  times  the 

sum  defrauded,  to  be  recovered  by  action  of  the  case. 

'  _  %/ 

Sect.  6  enacts ,  That  an  attested  copy  or  copies  of 
execution,  left  with  the  Clerk,  Treasurer  or  Cashier 
of  any  turnpike,  bridge,  canal  or  other  corporation, 
and  an  advertisement  of  the  time  and  place  of  sale 
being  once  published  within  (said)  thirty  days  after 
judgment,  shall  be  deemed  a  taking  such  shares  or 
interests  in  execution,  pursuant  to  the  attachment 
on  the  original  writ ;  and  so  many  of  said  shares, 
or  so  much  of  said  interest  may  be  sold  on  said 
execution  at  public  vendue,  to  the  highest  bidder,  as 
shall  be  sufficient  to  satisfy  the  same,  and  the  char  - 


CORONERS. 


247 


ges  of  the  sale,  after  notice  shall  have  been  given  of 
the  lime  and  place  of  sale  in  manner  as  hereinafter 
provided  ;  and  in  case  the  officer  making  the  sale,  or 
the  purchaser  or  purchasers  of  any  such  shares  or 
interest  do  cause  an  attested  copy  or  copies  of  such 
execution,  and  the  officer’s  return  thereon  to  he  left 
with  such  Clerk,  Treasurer  or  Cashier,  within  four¬ 
teen  days  after  the  sale  is  completed,  and  pay  for 
the  recording  of  the  same,  such  purchaser  or  pur¬ 
chasers  shall  be  thereby  entitled  to  such  shares  and 
interest,  with  all  the  privileges  appertaining  thereto, 
and  the  income  and  dividends  which  may  have 
accrued  or  been  made  on  the  same  subsequent  to 
the  attachment  thereof  on  mesne  process  ;  and  it 
shall  be  the  duty  of  the  proper  officer  or  officers  of 
such  corporation,  to  issue  to  the  purchaser  or  pur¬ 
chasers  under  such  execution,  such  certificates  as 
by  the  by-laws  and  regulations  of  such  corporation 
are  the  evidences  of  the  shares  or  interest  of  a  pro¬ 
prietor  in  such  corporation. 

Sect.  7  enacts ,  That  in  making  sale  of  any  such 
shares  or  interest,  the  officer  holding  the  execution 
shall  give  notice  in  writing  of  the  time  and  place 
of  sale  to  the  judgment  debtor,  by  leaving  the  same 
at  his  last  and  usual  place  of  abode,  if  within  the 
county  in  which  the  said  officer  dwells,  and  public 
notice  of  the  said  time  and  place  of  sale,  by  posting 
up  notifications  thereof  in  one  or  more  public  places 
in  the  town  or  plantation  where  such  sale  is  to  be 
made,  and  also  in  one  or  more  public  places  in  the 
two  adjoining  towns,  thirty  days  at  least  before  the 
time  of  sale,  and  further  shall  cause  an  advertise¬ 
ment,  expressing  the  time  and  place  of  sale,  and 
against  whom  such  execution  shall  have  issued  on 
which  such  shares  or  interests  have  been  taken,  to 
be  published  three  weeks  successively  before  the 
day  of  sale,  in  some  public  newspaper  printed  in  the 
county  where  the  sale  is  to  be  made,  if  any  such  be 
therein  printed,  and  in  case  no  such  paper  is  therein 


248 


CORONERS. 


printed,  then  such  advertisement  shall  be  published 
in  some  public  newspaper  in  the  nearest  county 
wherein  a  newspaper  shall  be  published  ;  and  in 
case  the  judgment  debtor  has  at  no  time  resided,  or 
does  not  then  dwell  in  such  county,  the  posting  up 
such  notifications,  and  publishing  such  advertise¬ 
ments  in  manner  aforesaid  shall  be  deemed  sufficient 
notice  of  such  sale ;  and  in  case  the  shares  or  interest 
so  notified  for  sale,  shall  not,  for  want  of  purchasers, 
be  disposed  of  at  the  time  appointed  for  sale,  the 
officer  shall  adjourn  the  sale  for  a  time  not  exceeding 
three  days,  and  from  time  to  time,  until  the  sale 
shall  be  completed  ;  and  the  surplus  monies  (if  any 
there  be)  arising  from  such  sale,  beyond  satisfying 
the  contents  of  the  execution,  and  necessary  inter¬ 
vening  charges,  the  officer  shall  pay  the  debtor,  or 
deposit  the  same  with  the  Treasurer  or  Cashier  of 
the  corporation,  for  the  benefit  of  the  debtor  and 
subject  to  his  order. 

Sect.  9  enacts ,  That  whenever  any  judgment  has 
been,  or  may  hereafter  be  recovered  in  any  Court 
of  law,  against  any  turnpike,  bridge,  canal  or  other 
company  incorporated  by  law,  with  power  to  re¬ 
ceive  toll,  the  franchise  of  such  corporation,  with 
all  the  privileges  and  immunities  thereof,  as  far  as 
relates  to  the  right  of  demanding  and  receiving  toll, 
as  well  as  all  other  corporate  property,  whether 
real  or  personal,  shall  be  liable  to  the  satisfaction 
and  payment  of  such  judgment,  and  may  be  taken 
and  sold  on  execution  at  public  vendue ;  the  officer 
first  giving  notice  of  the  time  and  place  of  sale,  by 
posting  up  a  notification  thereof  in  any  town  or 
plantation,  in  which  the  Clerk,  Treasurer,  or  any 
of  the  Directors  of  said  corporation  may  dwell, 
thirty  days  at  least  before  the  time  of  sale,  and  also 
by  causing  an  advertisement,  expressing  the  name 
of  the  creditor,  amount  of  said  execution,  and  the 
time  and  place  of  sale,  to  be  inserted  three  weeks 
successively  in  some  public  newspaper,  published  in 


CORONERS. 


249 


any  county  in  which  either  of  the  aforesaid  officers 
of  said  corporation  may  dwell,  (if  any  such  news¬ 
paper  shall  be  there  printed)  the  last  publication  to 
be  at  least  four  days  before  the  day  of  sale. 

Sect.  12  enacts ,  That  the  officer  who  may  levy  any 
execution  or  warrant  of  distress  by  virtue  of  the 
ninth  and  thirteenth  sections  of  this  act,  shall  be 
authorized  to  adjourn  the  vendue  from  time  to  time, 
not  exceeding  ten  days  at  any  one  time,  until  the 
sale  shall  be  completed. 

Sect.  13  enacts ,  That  the  lands,  tenements  or 
hereditaments  of  any  bank  already  incorporated,  or 
which  may  hereafter  be  incorporated  by  law,  may 
be  taken  in  execution,  and  sold  at  public  vendue,  to 
the  highest  bidder ;  and  in  every  such  case,  the 
officer  who  shall  levy  such  execution  shall  be  em¬ 
powered  to  execute  to  the  purchaser  a  good  deed  or 
deeds  of  any  such  lands,  tenements  or  hereditaments, 
having  first  given  notice  of  the  lime  and  place  of 
sale,  at  least  fourteen  days  previous  thereto,  in  two 
or  more  public  places,  in  the  town  or  place  where 
such  lands  or  tenements  lie,  as  also  in  two  adjacent 
towns;  and  all  deeds  and  conveyances  of  any  such 
lands,  tenements  or  hereditaments  duly  executed  as 
aforesaid,  shall  be  good  and  effectual  in  law  to 
transfer  to  the  purchaser,  his  heirs  and  assigns  for¬ 
ever,  all  the  right,  title  and  interest  therein,  which 
belonged  to  said  corporation  ;  any  law,  usage  or 
custom  to  the  contrary  notwithstanding. 

Sect.  17  enacts ,  That  all  rights  in  equity  of  re¬ 
deeming  real  estate  mortgaged,  shall  be  liable  to 

O  O  O  ' 

be  taken  in  execution  upon  judgment,  for  the  pay¬ 
ment  of  the  just  debts  of  the  mortgager  or  owner, 
and  the  officer  having  such  execution  is  hereby 
authorized  to  make  sale  of  the  same  at  public 
vendue,  and  to  make,  execute,  acknowledge  and 
deliver  to  the  highest  bidder,  good  and  sufficient 
deed  or  deeds  of  any  estate  so  sold,  in  manner  as  is 
hereinafter  expressed.  And  the  officer  shall  give 


250 


CORONERS. 


notice  in  writing,  of  the  time  and  place  of  sale  to 
the  debtor  in  person,  or  by  leaving  the  same  at  his 
last  and  usual  place  of  abode,  and  public  notice  of 
the  said  time  and  place  of  sale,  by  posting  up  noti- 
cations  thereof  in  two  or  more  public  places  in  the 
town  or  plantation  in  which  such  mortgaged  estate 
is  situated,  and  also  in  one  or  more  public  places  in 
two  adjoining  towns,  thirty  days  at  least  before  the 
time  of  sale  ;  and  further  shall  cause  an  advertise¬ 
ment  of  the  time  and  place  of  sale  to  be  published 
three  weeks  successively  before  the  day  of  sale,  in 
some  public  newspaper  printed  in  the  county  in 
which  such  real  estate  lies,  if  any  such  newspaper 
shall  be  there  printed,  and  the  notifications  afore¬ 
said  being  given  or  posted  up  within  the  space  of 
thirty  days  after  judgment  given,  whereon  such 
execution  shall  issue,  the  attachment  shall  hold  the 
equity,  attached  as  aforesaid,  until  the  levy  of  such 
execution  can  be  completed  in  manner  hereinafter 
described.  And  in  case  the  estate  notified  for  sale, 
as  aforesaid,  shall  not  be  disposed  of  at  the  time 
and  place  appointed,  the  officer  shall  adjourn  the 
vendue,  not  exceeding  three  days,  and  so  from  time 
to  time  until  the  sale  shall  be  completed.  And  the 
surplus  monies  (if  any  there  shall  be)  arising  from 
such  sale,  beyond  satisfying  the  debt,  costs,  and 
necessary  intervening  charges,  the  officer  shall  re¬ 
turn  to  the  debtor. 


The  following  observations  respecting  the  gener¬ 
al  powers  and  duties  of  sheriffs,  coroners  and  con¬ 
stables,  are  extracts  from  Backus’  Sheriff',  with  his 
references  annexed. 

To  justify  the  sheriff  in  arresting  a  man  on  the 
suspicion  of  felony,  there  must  have  been  a  felony 
actually  committed.  Dalt.  Sher.  28. 

By  the  common  law,  the  sheriff  is  the  same  officer 
to  the  court  of  king’s  bench,  as  the  constable  is  to 
the  justices  of  the  peace. 

Salk.  Rep.  1,  175,  380, 


CORONERS. 


251 


Courts,  considering  the  nature  of  the  sheriffs 
office,  will  never  give  the  law  a  rigid  construction 
against  them,  where  they  have  acted  intentionally 
right,  though  by  an  inadvertence  to  the  letter  of  the 
law  their  conduct  was  wrong.  Comp.  Sher.  14. 

In  the  State  of  Massachusetts,  (and  the  same  is 
presumed  to  be  law  in  the  State  of  Maine)  if  a 
defendant  is  misdescribed,  as  to  the  place  of  his 
abode,  in  the  original  writ,  which  is  legally  served 
upon  him,  and  judgment  is  rendered  thereon  upon 
default,  and  execution  issues  in  pursuance  thereof, 
and  is  levied  upon  his  goods,  the  officer,  who  serves 
such  execution  is  not  liable  in  an  action  of  trespass, 
on  account  of  such  misdescription.  The  officer  is 
not  holden  to  look  beyond  his  execution.  If  with 
the  execution  in  his  possession,  he  finds  within  his 
precincts  the  goods  of  the  defendant,  and  takes  and 
sells  them  as  commanded,  he  is  not  a  trespasser. 

Mass.  T.  R.  1,  76. 

Trespass  lies  against  an  officer,  who  executes  the 
process  of  a  court  not  having  jurisdiction. 

Craunch ,  3,  335,  336,  337,  S.  C.  U.  S. 

The  ministerial  office  of  the  coroner  is  only  as  the 
sheriff’s  substitute.  For  when  just  exception  is  ta¬ 
ken  to  the  sheriff  for  suspicion  of  partiality,  (as  that 
he  is  interested  in  the  suit,  or  of  kindred  to  either 
party,  plaintiff  or  defendant,)  the  process  must  be 
awarded  to  the  coroner  instead  of  the  sheriff,  for 
execution.  Bl.  Com .  I.  349. 

If  a  writ  be  directed  to  the  sheriff  without  men¬ 
tioning  his  deputy,  yet  it  may  be  served  by  a 
deputy. 

For  felony  and  suspicion  of  felony  sheriffs  and 
constables  may  break  the  house  to  apprehend  the 
felon  ;*  but  if  the  suspicion  arises  in  the  mind  of  a 
third  person,  and  is  by  him  communicated  to  the 
constable,  he  must  accompany  the  constable,  and  be 
present  at  the  breaking.f 


*Coke  90.  V. 


•fH.  P.C.  If.  19. 


CORONERS. 


252 

If  a  sheriff,  or  other  officer,  come  to  arrest  a  per¬ 
son,  and  before  the  officer  can  make  the  arrest,  the 
defendant  flies ;  the  officer  may  pursue  him,  and 
take  him,  even  in  another  county,  but  must  use  no 
violence  to  him,  he  not  having  been  actually  arrest¬ 
ed  before  he  fled  ;  but  if,  after  being  arrested,  he 
flies,  and  when  overtaken,  draws  any  weapon,  the 
officer  may  justify  an  assault  and  battery  to  take 
him.  Dalt.  Sher.  111. 

If  an  officer  arrest  a  person  without  warrant, 
though  one  may  be  delivered  to  him  immediately 
after,  to  arrest  the  party  for  the  same  cause,  yet  the 
action  is  tortious,  and  the  officer  liable  in  an  action 
of  false  imprisonment  by  the  party,  and  may  be 
amerced.  Dali.  Sher.  111. 

If  a  person  is  in  custody  of  the  sheriff,  by  lawful 
authority,  (except  for  criminal  matters,)  and  another 
writ  is  delivered  to  the  sheriff,  commanding  him  to 
take  the  body  of  such  person  then  in  custody,  by 
virtue  of  such  other  ivrit,  and  such  sheriff  shall  re¬ 
fuse  to  receive  such  other  writ,  or  shall  not  hold 
the  prisoner  upon  it,  it  will  be  an  escape  in  the 
sheriff,  though  he  made  no  formal  arrest  by  the 
second  writ.  Dalt.  Sher.  114. 

If  an  officer  arrest  a  person  on  a  capias,  or  writ 
of  attachment,  or  other  lawful  process,  and  returns 
non  est  inventus ,  the  person  arrested  may  maintain 
false  imprisonment  against  such  officer. 

Dalt.  Sher.  1 13. 

In  the  service  of  an  attachment,  the  officer  may 
not  take  the  goods  or  estate  of  the  defendant,  and 
also  take  his  body  :  and  if  after  having  taken  the 
defendant’s  goods  or  estate,  he  also  take  his  body, 
such  officer  is  liable  in  an  action  of  false  imprison¬ 
ment,  in  favor  of  the  person  whose  goods,  or  estate 
and  body  are  so  attached.  Root.  II.  343. 

A  married  womau  must  be  attached  by  the  goods 
of  her  husband.  Dalt.  157. 

An  officer  cannot  attach  the  estate  of  the  defend¬ 
ant  on  mesne  process,  after  having  arrested  his  body 


CORONERS. 


253 


on  the  same  writ,  and  taken  bail  for  his  appearance 
at  court.  And  if,  after  making  such  arrest  and 
taking  bail,  the  officer,  without  giving  up  the  bail 
bond,  attach  estate,  and  make  return  thereof ;  but  in 
his  return  make  no  mention  of  such  previous  arrest, 
lie  is  liable  to  an  action  for  a  false  return.  And 
such  action  lies  for  a  third  person,  who  had  caused 
the  same  estate  to  be  afterwards  attached  at  his  suit. 

No  one  may  be  arrested  in  any  civil  action,  but 
by  some  writ,  precept  or  command,  issued  by  some 
court,  judge  or  justice,  having  authority  therefor 
But  for  treason,  felony,  or  breach  of  the  peace,  any 
person  may  arrest,  without  warrant  or  precept. 

Terms  de  ley ,  54. 

To  constitute  an  attachment  of  goods  an  officer 
must  take  them  into  his  actual  possession  and  cus¬ 
tody,  as  on  seizure  by  execution. 

Mass.  T.  R.  163,  164. 

Implements  of  husbandry  used  in  tilling  are  not 
within  the  statute  exempting  the  tools  of  a  debtor 
from  attachment  and  execution.  Mass.  T.R.  113. 

Although  in  the  opinion  of  the  officer  the  goods  or 
estate  by  him  (in  any  case)  taken  are  insufficient  to 
satisfy  the  plaintiff’s  demand,  and  on  that  account 
he  takes  the  body,  he  is  a  trespasser.  Root ,  346. 

A  minister  of  religion,  while  performing  divine 
service  in  a  church,  churchyard,  or  other  place  of 
public  worship,  may  not  be  arrested  on  civil  pro¬ 
cess,  unless  his  stay  or  continuance  is  with  a  fraudu¬ 
lent  design. 

.  If  an  arrest  be  made  after  the  return  day  of  the 
writ,  the  arrest  is  void,  and  the  officer  liable  in  false 
imprisonment.  Esp.  JV.  P.  cases,  i.  45. 

If  a  defendant  be  taken  on  execution,  and  give 
the  plaintiff  a  draft,  saying  it  will  be  paid  immedi¬ 
ately,  and  is  thereupon  discharged  out  of  custody, 
and  the  bill  is  dishonored,  he  may  be  again  arrested 
on  the  same  execution.  Ter.  Rep.  v.  25. 

If  an  execution  be  directed  to  the  sheriff,  to  levy 
the  g^ods  of  A,  and  A’s  goods  are  in  B’s  house,  if 


254  SHERIFFS,  CONSTABLES,  AND  CORONERS. 

the  sheriff  request  a  delivery  of  the  goods,  and  the 
are  refused,  lie  may  justify  breaking  and  entering 
the  house,  and  taking  the  goods.  Co.v.  93.  >SVd.  186. 

When  once  in  a  house,  the  sheriff  may  break  open 
not  only  inner  doors,  but  also  trunks  and  chests,  to 
complete  the  execution  of  his  writ.*  But  it  seems, 
that  before  breaking  trunks  or  chests,  the  officer 
ought  to  demand  that  they  be  opened. 

If  the  sheriff,  having  arrested  the  defendant, 
return  that  he  is  sick,  and  after  admits  him  to  bail, 
no  action  lies  against  the  sheriff. j*  But  if  he  return 
iiiat  he  has  taken  the  body,  and  has  him  ready  in 
court  ;  or  that  he  is  sick,  when  he  is  in  fact  at  large 
without  bail,  an  action  lies  for  the  false  return. 

If  the  defendant  who  has  given  a  bail  bond,  sur¬ 
render  himself  to  the  sheriff  before  the  return  of  the 
writ,  the  bail  bond  may  be  given  up  ;  and  it  will  be 
considered  as  if  no  such  bail  bond  had  been  given, 
and  the  sheriff  not  liable  for  not  assigning  the  same. 

Term.  Rep.  75,  3  &  vii.  122. 

Nor  is  a  deputy  sheriff,  who  has  collected  money 
on  an  execution  in  his  hands,  not  vet  returnable, 
liable  in  an  action  of  foreign  attachment,  as  a  trustee 
to  the  creditor  in  such  execution.  When  an  officer 
receives  money  upon  an  execution,  the  law  pre¬ 
scribes  his  duty  in  relation  to  it.  He  is  not  bound 
to  pay  it  over  to  the  creditor  until  the  return  day  of 
the  execution.  From  his  receipt  of  it,  until  that  day, 
it  is  not  the  creditor’s  money,  but  is  in  the  custody 
of  the  law,  and  is  not  liable  to  be  arrested  in  the 
hands  of  the  officer.  The  money  collected  on  exe¬ 
cution  by  an  officer,  is  not  while  in  his  hands  the 
property  of  the  creditor,  and  cannot  be  either  his 
goods,  effects,  or  credits.  And  if  the  officer  has  not 
in  his  hands  any  goods,  effects,  or  credits  of  the 
creditor  in  execution,  he  certainly  cannot  be  his 
trustee.  Mass.  T.  R.  in.  289. 

If  a  coroner,  who  is  sued  for  neglect  of  his  duty 

*  Show.  II.  87.  Cro.  Eliz.  99. 
f  Cro.  Eliz.  852-  Bac.  Abr,  IV.  462. 


SHERIFFS,  CONSTABLES,  AND  CORONERS.  255 

ns  such ,  be  also  a  deputy  sheriff,  the  service  of  the 
writ  by  another  deputy  of  the  same  sheriff  is  bad  * 
Brown  vs.  Gordon.  1 .  Greenl.  Rep. 

If  the  sheriff,  in  replevin,  return,  the  cattle  were 
in  a  fort,  castle,  or  park,  so  that  he  could  not  make 
deliverance,  it  is  bad  ;  for  he  might  have  taken  the 
'power  of  the  county  with  him.  Nor  may  he  in  such 
case  return  resistance,  for  the  same  season. 

Dalt.  Slier.  165. 

A  bond  given  to  indemnify  the  sheriff  against  an 
escape  already  happened,  is  good. 

JV.  Y.  T.  R.  i.  460. 

False  imprisonment  lies  against  the  officer  for  an 
arrest,  under  colour  of  an  execution,  after  the  return 
day  of  the  same.  Buy  in.  1. 

The  following  are  extracted  from  the  Civil  Officer. 

Arrest  must  be  by  seizing  or  touching  the  body, 
after  which  the  officer  may  break  open  the  house  to 
take  his  prisoner,  but  not  before,  for  every  man’s 
house  is  by  the  law  considered  his  castle. 

If  an  officer  lays  hold  of  one  by  the  hand,  as  he 
holds  it  out  of  a  w'indow,  this  is  such  an  arrest,  that 
he  may  afterwards  justify  breaking  open  the  house 
to  carry  him  away. 

A  sheriff  is  bound  to  execute  process  from  a  court 
of  competent  jurisdiction  ;  and  though  there  be  no 
cause  of  action  ;  or  the  process  be  erroneous,  he  is 
not  responsible. 

The  officer  must  not  break  an  outer  door  to  arrest 
a  man,  on  mesne  process  or  execution  ;  but  he  may 
break  an  inner  door  to  execute  his  precept,  if  he 
has  gained  admission  at  the  outer  door. 

*  This  decision  was  made  in  conformity  to  the  statute  law  of  this 
State,  “  which  (the  court  observed)  is  express,  that  one  deputy  cannot 
legally  serve  a  writ  on  another  deputy,  (of  the  same  sheriff, )  nor  on  tho 
sheriff.”  In  this  case  the  sheriff,  who  served  the  process  was  not  a  cor¬ 
oner ;  if  he  had  been  such,  he  might  have  served  the  writ  in  that  ca¬ 
pacity.  We  can  also  state  upon  the  authority  of  the  reporter,  that  a 
sheriff,  who  is  a  coroner,  can  legally  serve  a  writ  upon  another  deputy 
and  coroner, in  his  private  or  official  capacity,  or  upon  the  sheriff  of  the 
county,  he  doing  the  same  under  his  authority  as  coroner. 


256  SHERIFFS,  CONSTABLES,  AND  COROxNERS. 


And  it  is  said,  that  though  the  door  be  not  locked 
or  bolted,  but  only  latched,  the  officer  may  not  draw 
the  latch  and  enter. 

But,  if  the  door  be  open,  and  the  officer  comes 
and  shows  his  process,  and  offers  to  enter  to  execute 
the  same,  and  the  defendant  shut  the  door  against 
him,  the  officer,  giving  notice  of  tlie  cause  of  his 
coming,  and  requesting  to  have  the  door  opened, 
may  then  break  open  the  door,  if  the  party  refuse  to 
open  it. 

This  privilege  extends  only  to  the  owner  of  the 
house  or  inhabitant  of  it,  not  to  protect  any  stran¬ 
ger,  who  flies  to  the  house,  or  his  goods.  So  that  if 
the  cfliccr,  having  process  against  a  stranger,  de¬ 
sires  to  have  the  door  opened,  or  to  have  the  body 
of  the  party  flying  there,  he  may,  on  denial,  break 
open  the  house  and  execute  his  precept. 

But  in  all  cases,  where  the  officer  has  a  precept  in 
favor  of  the  State,  or  any  criminal  process,  he  may 
break  open  the  door  even  of  the  owner  of  a  house, 
first  giving  notice  of  the  cause  of  his  coming,  and 
requesting  that  the  door  may  be  opened. 

The  officer  need  not  show  his  precept,  unless  de¬ 
sired,  nor  until  the  defendant  has  quietly  submitted 
to  the  arrest ;  but  on  demand,  he  must  show  his 
authority. 


Coroners'  Fees — established  by  Jaw. 

For  serving  a  writ,  summons  or  execution,  col¬ 
lecting  moneys  due  thereon,  travel  in  returning  pre¬ 
cepts  and  inquisitions,  the  same,  as  is  allowed  to 
Sheriffs  for  similar  services.  For  a  bail  bond,  twen¬ 
ty-five  cents ;  every  trial  where  the  Sheriff  is  con¬ 
cerned,  twenty-jive  cents  ;  and  the  same  for  attending 
the  jury  therein. 

Granting  a  warrant,  and  taking  an  inquisition  on 
a  dead  body,  one  dollar  ;  if  more  than  one  at  the 
same  time,  and  who  came  to  their  death  by  the  same 
means,  twenty  cents  for  each  one  after  the  first. 


SHERIFFS,  CONSTABLES,  AND  CORONERS. 


257 


Travel  and  expense  for  taking  an  inquisition,  one 
dollar  a  day  to  each  juryman,  for  their  travel ;  if 
above  four  miles  out,  three  cents  a  mile  each  way  ; 
and  for  their  services  seventy-jive  cents  per  day,  in¬ 
cluding  time  and  expenses  :  The  Constable  for  his 
attendance  &tc.  ninety  cents  a  day.  The  aforesaid 
charges  to  be  paid  out  of  the  County  Treasury. 

Sheriff’s  and  Constable’s  Fees. 

For  service  of  an  original  summons  or  scire  facias, 
thirty  cents ;  if  on  more  than  one  Dft.  thirty  cents 
each. 

Of  writ  of  attachment  on  one  Dft.  with  summons, 
thirty  cents . 

Special  service  by  written  direction  of  the  Plf. 
Jifty  cents. 

Where  the  officer  leaves  a  copy  in  order  to  com¬ 
plete  the  service,  or  gives  a  copy  of  the  precept  on 
demand  thereof,  twelve  cents  a  page.  A  jjage  is 
224  yvords. 

For  a  bail  bond,  and  writing  the  same,  including 
principal  and  sureties,  to  be  paid  by  the  person  ad¬ 
mitted  to  bail,  and  taxed  for  him  if  he  shall  prevail, 
twenty  cents. 

Serving  a  writ  of  possession,  exclusive  of  fees  for 
collecting  on  the  costs,  one  dollar  and  ten  cents  ;  if 
on  more  than  one  piece  of  land,  seventy-five  cents 
for  each  piece  of  land  after  the  first. 

Tiie  fees  for  collecting  the  costs  on  a  writ  of  pos¬ 
session,  the  same  as  on  executions  in  personal  ac¬ 
tions. 

Serving  a  warrant,  thirty  cents. 

Sheriff’s  aid  in  criminal  cases,  to  each  person  for 
every  twelve  hours  attendance,  including  expenses, 
one  dollar ,  and  so  in  proportion  for  a  greater  or  less 
time;  and  four  cents  for  each  miles  travel  going- 
out  and  returning  home. 

Summoning  witnesses  in  criminal  cases,  ten  cents 
for  each  witness,  and  travel  as  in  civil  causes,  unless 
in  special  cases,  when  the  court  may  increase  the 
fees  to  what  they  may  judge  reasonable. 

22* 


I 


258  -  SHERIFFS,  CONSTABLES,  AND  CORONERS. 

For  Sheriff’s  or  Constable’s  attending  the  Court, 
and  keeping  the  prisoner,  in  criminal  cases,  seventy 
five  cents  for  a  greater  or  less  time. 

Levying  executions  in  personal  actions  for  the 
first  one  hundred  dollars,  four  cents  ;  for  every  dol¬ 
lar  above  that,  and  not  exceeding  two  hundred  dol¬ 
lars,  two  cents  for  every  dollar ;  and  for  all  above 
two  hundred  dollars,  one  cent  for  every  dollar ;  trav¬ 
el  for  the  services  of  such  execution,  and  also  of 
mesne  process  or  warrant  to  him  directed,  four  cents 
a  mile,  the  travel  to  be  computed  from  the  place  of 
service  to  the  Court  or  place  of  return  by  the  usual 
way ;  only  one  travel  shall  be  allowed  for  one  writ, 
execution  or  warrant,  and  if  the  same  be  served  on 
more  than  one  person,  then  the  travel  shall  be  com¬ 
puted  from  that  place  of  service  which  may  be  most 
remote  from  the  place  of  return,  with  all  further 
necessary  travel  in  serving  such  execution,  writ  or 
warrant :  but  if  the  travel  from  the  place  of  service 
to  the  place  of  return  be  more  than  fifty  miles,  then 
only  one  cent  a  mile  shall  be  allowed  for  all  travel 
exceeding  that  distance.  The  travelling  fees  and 
fees  of  service  shall  be  endorsed  by  the  officers  serv¬ 
ing  the  same,  otherwise  they  shall  not  be  allowed. 

Serving  an  execution  upon  a  judgment  of  Court 
for  partition  of  real  estate,  or  assigning  of  dower, 
one  dollar  a  day,  and  four  cents  a  mile,  out  from  the 
place  of  his  abode.  And  no  Sheriff  shall  demand 
or  receive  from  any  of  his  deputies  more  than  at  the 
rate  of  twenty  five  per  cent,  on  the  amount  of  fees 
for  travel  and  service. 

For  returning  the  certificates  of  votes  of  the  sev¬ 
eral  towns  for  Governor  and  Senators  to  the  Secre¬ 
tary’s  office,  eight  cents  a  mile,  computing  from  the 
place  of  his  abode  to  the  Secretary’s  office,  to  be  paid 
out  of  the  Treasury  of  the  State  ;  and  but  one  travel 
shall  be  allowed  for  the  whole. 

To  the  officer  attending  the  Grand  Jury,  for  each 
days  attendance,  seventy-five  cents. 

The  officer  attending  the  traverse  Jury,  for  every 
cause,  to  be  paid  with  the  Jury  fees,  twenty-five  cents. 

i 


SHERIFFS,  CONSTABLES,  AND  CORONERS. 


259 


For  dispensing  venires  for  jurymen,  Treasurer’s 
warrants  and  proclamations  of  all  kinds,  eight  cents 
each. 

To  each  appraiser  of  real  estate  for  extending  ex¬ 
ecution  or  assigning  dower,  one  dollar  a  day,  and 
travel  at  the  rate  of  four  cents  a  mile  going  out  and 
returning  home. 

For  every  deputy  sheriff  or  constable,  who  shall 
attend  the  S.  J.  Court,  or  Court  of  Sessions,  or 
Court  of  C.  Pleas,  by  their  order,  one  dollar  and 
fifty  cents  a  day,  to  be  paid  out  of  the  county 
Treasury. 

To  the  sheriff  for  each  day’s  attendance  in  the 
S.  J.  C.  or  Court  of  C.  Pleas,  Jive  dollars  ;  and  two 
dollars  per  day  for  attending  the  Court  of  Sessions, 
and  at  the  rate  of  two  dollars  for  every  ten  miles 
travel  from  his  place  of  residence  to  the  court. 

To  a  constable  for  the  service  of  venires,  twenty- 
five  cents ,  and  four  cents  a  mile  for  travel  to  the 
clerk’s  office,  to  be  paid  out  of  the  county  treasury. 

It  is  also  provided ,  That  every  officer  or  other 
person  upon  receiving  any  such  fees,  as  are  (herein 
before)  stated,  shall,  if  required  by  the  person  pay¬ 
ing  the  same,  make  out  a  partieular  account  of  such 
fees,  in  writing,  specifying  for  what  they  accrued, 
upon  pain  of  forfeiting  to  the  party  paying  such 
fees,  treble  the  sum  by  him  or  them  so  paid,  to  be 
recovered  with  costs  by  an  action  of  debt,  in  any 
court  proper  to  try  the  same. 

And  further,  That  if  any  person  shall  wilfully  and 
corruptly  demand  and  receive  any  greater  fee  or  fees 
for  any  of  the  services  aforesaid,  than  are  ( as  afore¬ 
said  by  law)  allowed  and  provided,  or  if  any  wit¬ 
ness,  shall  falsely,  wilfully  and  corruptly  certify  that 
he  has  travelled  a  greater  number  of  miles,  or  at¬ 
tended  a  greater  number  of  days,  than  he  has  actu¬ 
ally  travelled  or  attended,  he  shall  forfeit  and  pay, 
not  less  than  five  dollars,  nor  more  than  thirty  dol¬ 
lars  for  every  offence,  to  be  recovered  with  costs, 
either  by  presentment  in  the  S.  J.  Court,  or  Court 


RETURNS. 


260 

M 

/  L 

of  C.  Pleas,  in  which  case  the  forfeiture  shall  ac¬ 
crue  to  the  State. 


Return  on  writs  of  Attachment. 

C — ,  ss.  (Date.)  Cepi  Corpus. 

By  virtue  of  this  writ  I  have  taken  the  body  of  the 
within  named  C  D,  and  he  gave  bail,  which  is  here¬ 
unto  annexed.  D  S,  Dep.  Sheriff. 

Attachment  of  Personal  Estate. 

C — ,  ss.  ( Date .) 

Pursuant  to  this  writ,  I  have  attached  forty-five 
dollars,  in  cash,  as  the  property  of  the  within  named 
C  D,  (and  which  he  has  delivered  to  me  for  that  pur¬ 
pose)  and  1  gave  him,  at  the  same  time,  a  summons 
in  hand.  D  S,  Dep.  Sheriff. 

Attachment  of  Real  and  Personal  Estate. 

C — ,  ss,  (Date.) 

By  virtue  of  this  writ,  I  have  attached  all  the  right 
and  interest  which  the  defendant  1ms  in  and  to  a 
certain  store  or  building  standing  near  — ,  in  the 
town  ofR,  ( at  o'clock  P.  M.)  this  day  ;  I  also 
attached  all  the  right  and  interest  which  the  defen¬ 
dant  has  in  and  to  the  farm  on  which  the  said  with¬ 
in  named  C  D  lives,  lying  in  the  town  of  R,  on  both 
sides  of  the  road  leading  to  S,  with  the  dwelling- 
house  on  one  side  and  barn  on  the  other  side,  how¬ 
ever  bounded  or  described;  and  also  I  have  attach¬ 
ed  the  articles  named  in  the  schedule  hereunto  an^ 
nexed ;  all  of  which  is  to  the  value  of  five  hundred 
dollars,  and  have  left  a  summons  at  the  said  C  D’s 
dwelling  house.  CD,  Dep.  Sheriff. 

On  Writ  of  Original  Summons. 

C — ,  ss.  ( Date.) 

I  have  served  this  writ  on  the  within  named  C  D, 
by  leaving  an  attested  copy  thereof  at  the  dwell¬ 
ing  bouse  standing  on  the  within  desesibed  premi¬ 
ses,  it  being  his  last  and  usual  place  of  abode  in  F. 

N  O,  Constable. 


RETURNS. 


261 

On  Wrii  of  Scire  Facias. 

By  virtue  hereof  I  have  made  known  to  C  D, 
within  named,  by  giving  him  an  attested  copy  of  the 
within  writ,  in  hand.  D  S,  Dip.  Sheriff. 

Note.  A  return  is  sufficient,  if  it  can  be  ascertained  by  (i.  e.  /  f  it 
conforms  to  the  directions  of)  the  writ.  Com.  Dig.  V.  444,  446.- 

On  Trustee  Writ.* 

C — ,  ss.  (Date.) 

Pursuant  to  the  within  writ,  I  summoned  the  within  named 
defendant,  by  reading:  the  same  to  him  (or  by  leaving  a  true 
and  attested  copy  of  the  same  at  his  last  and  usual  place,  of 
abode)  and  also  served  the  same  upon  (or  attached  ail  the 
goods,  effects  and  cradits  of  the  said  A  B,  in  the  hands  and 
possession  of)  the  within  named  C  D,  by  reading  to  him  the 
within  writ  (or  by  leavying  fyc.)  D  W,  I)ep.  Sheriff. 

On  Replevin  Writ. 

C — ,  ss.  ( Dale.) 

By  virtue  of  this  writ  (to  me  directed )  I  have  replevied  the 
w  ithin  described  goods  and  chattels  (or  cattle) to  him,  the  said 
A  B,  and  having  taken  bond  of  the  said  A  B,  with  sufficient 
sureties  for  prosecution  of  this  writ,  and  return  of  said  goods 
and  chatties  (or  cattle)  if  return  shall  be  adjudged.  And  have 
summoned  the  said  S  T,  for  his  appearance  at  court,  by  read¬ 
ing  this  writ  in  his  presence  (or  hearing ,  or  to  him)  or  by  leav¬ 
ing  a  true  and  attested  copy  of  this  writ,  at  his  dwelling-house 
or  usual  place  of  abode  in  said  — ,  (or  at  his  last  and  usual 
place  of  abode,  fcc.)  T  B,  Coroner. 

Another. 

C — ,  ss.  (Date.) 

By  virtue  of  this  precept  I  have  replevied  the  within  mcn- 
tioeei!  goods  and  chattels,  and  delivered  them  to  the  Plf. 
having  taken  his  bond  and  receipt,  ns  hereunto  annexed,  ac¬ 
cording  to  law.  I  have  also  summoned  the  within  named  A 
B  to  appear,  by  giving  him  an  attested  copy  of  this  writ. 

C  B,  Coroner. 

Re  tep  t  of  the  Plaintiff  in  Replevin. 

Received  of  -C  D,  the  within  mentioned  good  and  chattels. 

E.  T. 

Return  of  an  Execution — Property  Replevied. 

C — ,  ss.  (Dale.) 

Tills  execution  was  put  into  my  bands  by  the 
plaintiff’s  attorney,  on  the  —  day  of  &c.  and  the 

*Jf  service  be  first  made  on  the  trustee,  let  the  return  be  so  made  ; 
and  if,  after  such  service,  before  service  on  the  dft.,  other  trustees  are 
inserted  in  the  writ, or  remain  to  be  served  with  the  same,  let  the  return 
for  each  be  made  according  to  the  time  of  service. 


262 


RETURNS. 


property  on  the  original  writ  having  been  taken 
from  my  possession,  on  the —  day  of  — ,  by  A  B,  a 
coroner  in  said  county,  by  virtue  of  a  writ  of  re¬ 
plevin,  wherein  C  D  was  plaintiff.  I,  therefore,  in 
pursuance  of  this  precept,  on  the  —  day  of  — ,  de¬ 
manded  the  said  property  of  the  said  A  B  and  the 
said  C  D,  who  then  and  there  severally  refused  to 
redeliver  the  same  to  me — and  not  rinding  any  other 
property  of  the  defendants  in  my  precinct  to  satisfy 
this  execution,  ( the  property  attached  on  the  original 
ivrit  having  been  taken  from  me  as  aforesaid)  I  re¬ 
turn  the  same  in  no  part-satisfied. 

D  S,  Deputy  Sheriff. 

Return  of  Execution  when  goods  are  sold. 

C — ,  ss.  (Date.) 

By  virtue  of  this  execution,  I  took  the  goods  in 
the  schedule  annexed,  mentioned  as  the  property  of 
E  F,  and  having  safely  kept  the  said  goods,  for  the 
space  of  four  days,  next  after  they  were  so  taken, 
and  having  advertised  them  for  sale,  forty  eight 
hours  before  the  expiration  of  said  four  days,  by 
posting  up  notifications  of  the  time  and  place  of 
sale  in  the  town  of  R,  where  the  sale  was  to  be,  and 
the  debtor  not  appearing  to  redeem  them,  I  sold 
them  this  day,  at  public  vendue,  to  the  highest  bid¬ 
der,  at  the  pieces  in  the  annexed  schedule  set  against 
each  article  :  which  sale  produced  in  the  whole  the 
sum  of  — .  I  therefore  return  this  execution  satis¬ 
fied  in  full,  and  having  deducted  the  amount  of  my 
fees  and  the  sum  due  on  this  execution  from  the  sum 
produced  by  the  sale,  I  have  returned  the  surplus, 
being  — •  dollars,  to  the  debtor. 

E  F,  Dep.  Sheriff. 

Return  of  the  Levy  of  an  Execution  on  Equity  of 

Redemption .* 

C — ,  ss.  (Date.) 

I  levied  this  execution  upon  the  right  in  equity, 

*For  Officers  return  when  real  estate  is  set  off  on  execution,  see  page 
101, 


RETURNS. 


263 


which  the  within  named  J  W  had  to  redeem  a  cer¬ 
tain  parcel  of  land,  situate  in  D,  in  said  county, 
containing  —  acres,  more  or  less,  bounded  8ec. — 
being  the  same  premises,  which  were  conveyed  in 
mortgage  by  the  said  J  W  to  D  G,  and  on  the  — 
day  of  — ,  18  ,  I  made  sale  of  the  premises  at  pub¬ 

lic  vendue,  to  E  P,  he  being  the  highest  bidder 
therefor,  at  the  sum  of  —  dollars  to  satisfy  this  ex¬ 
ecution  in  part,  (or  in  full,  as  the  case  may  he)  first 
having  given  notice,  in  writing  of  the  time  and 
place  of  sale,  to  the  said  J  W,  in  person,  (or  by 
leaving  a  written  notification  thereof  at  his  last  and 
usual  place  of  abode)  and  having  given  public  no¬ 
tice  of  the  time  and  place  of  sale,  by  posting  up  no¬ 
tifications  thereof  in  two  public  places  in  said  town 
of  D,  and  also  in  one  public  place  in  the  town  of  G, 
and  one  in  F,  being  two  adjoining  towns,  for  more 
than  thirty  days  before  the  time  of  sale  ;  and  I  made 
and  delivered  to  the  said  E  P,  a  deed  conveying  all 
the  right  of  the  said  J  W  to  redeem,  as  aforesaid.  I 
therefore  return  this  execution  satisfied  in  full  (oi\ 
I  therefore  return  this  execution  satisfied  in  part,) 
to  wit,  for  the  sum  of  — ,  and  for  want  of  other 
goods  and  estate,  I  return  it  no  further  satisfied. 

D  S,  Dep.  Sheriff. 

OFFICER’S  FEES. 

Service,  r  -  -  -  $ 

Travel  18  miles,  - 
Advertising,  - 
Per  cent.  -  -  -  - 

Drawing  Deed,  - 

Acknowledging  Deed, 

Note.  The  returns  upon  all  legal  precepts  are,  and  necessarily  must 
be,  almost  as  various  as  the  transactions  of  business;  but  in  general  it 
may  be  observed,  that  an  officer  will  he  correct  in  making  his  return,  if 
(when  sure a.  aful)  he  follow,  as  nearly  as  possible,  the  words  of  his  pre¬ 
cept,  together  with  the  words  of  the  statute  relating  to  the  particular 
case;  and  if  (when  unsuccessful)  he  follow  likewise  the  words  of  his 
precept,  in  stating  his  faithful  endeavor,  and  failure,  to  perform  the  final 
commands  of  the  same. 


CORRECTIONS  AND  ADDITIONS. 


Page  26,  at  the  end  of  “  Deed  given  by  the  inhabitants  of  a  town,” 
dele“  In  witness,  &c.”  and  insert  after  the  word  “  name,”  in  the  line 
above,  “  this  — day  of  &c.” 

Page  28,  line  3d,  from  the  bottom,  after  the  word  “  days,”  insert  the 
words,  “  previous  to  the  day  of  sale  first  herein  after  mentioned,  and 
within  thirty  days.” 

Page  28,  line  6th  and  7th  from  the  top,  instead  of  “having  duly  adver¬ 
tised  the  premises  according  to  law” — and  page  38,  line  8th  from  the 
top,  instead  of  “giving  due  notice,”  express  in  full  the  manner  in  which 
advertisement  was  made  and  notice  given,  as  pointed  out  in  the  statutes 
providing  for  public  sales.  The  facts  will  show  if  it  was  done  accord¬ 
ing  to  law. 

Page  32,  line  6th,  after  the  word  “  Gazette,”  for  “  and,”  read  “or”  ; 
line  7th  from  the  top,  after  the  word  “sale,”  name  the  places  where  the 
notifications,  “  viz.  one  in  the  town  of  A,  (where  the  real  estate  lies)  and 
one  in  each  of  the  adjoining  towns  of  W  and  S,  ( and  one  in  Y,  where 
the  intestate  last  dwelt.)" 

Page  37,  in  “  lease  of  land,”  line  10th  from  the  end,  after  the  word, 
“  thereof,”  insert  the  words,  “  and  inevetable  casualties.” 

Page  59,  In  Mittimus,  line  11th  from  the  first,  for  “  a  Recognizance,” 
read  “  bond.” 

Page  82,  Declaration  No.  I.  Action  according  to  the  same  will  not 
lie,  by  decision  of  C.  J.  Parsons,  in  case  of  Paul  vs.  Frazier,  in  III. 
Mass.  R.  p.  71.  This  declaration  was  copied  from  Anthon’s  American 
Precedents,  latest  edition,  where  it  stands  without  correction.  “Dama¬ 
ges  are  recoverable  for  breach  of  a  promise  of  marriage,”  which  must 
be  distinctly  alleged,  or  the  action  cannot  be  supported. 

Page  101.  In  officer’s  return,  line  16th  from  the  bottom,  after  the 
word  “  having,”  insert  the  words  “  entered  upon  and  viewed  and” 

Page  119,  line  2d  from  the  bottom, for  “obligation,”  read  “condition.” 

Page  187.  line  14lh,  after  “  Notes  of  hand,”  insert  the  words,  “  for 
the  payment  of  money,  and  not,  of  specific  articles.” 

Page  189,  line  12th  from  the  bottom,  for  “  a  promise  to  you"  read 

a  promise  to  pay" 

Page  190,  line  8th  from  the  top,  after  the  word  “bill,”  insert  the 
words  “  days  of  grace  being  allowed.” 

In  the  Tariff — page  205,  article  “  sulphuric  acid,”  for  12  1-2  per 
cent,  read  3  cents  per  lb. 

Page  208,  line  9th  from  the  top,  after  the  words  “  Canon,  of  cast  i  ron” 
for  “  1  cent  per  lb.”  read  “  25  per  cent.” 

Pages  206,  7th  line  from  bottom  ;  209,  16th  line  from  bottom  ;  211, 
20th  line  from  top  ;  217, 14th  line  from  top  ;  218,  19th  line  from  top, 
aftsr  the  words  “  Bolts,  Nails,  Rods  and  Spikes,  copper  or  comoosi- 
tion,”  for  “  4  c.  per  lb.”  read  “  25  per  cent.” 

Page  209,  line“  Coin  of  all  kinds,”  for  “  ditto,”  in  this  and  the  three 
following  lines,  read  per  cent. 

Same  page,  line  “Cornelian  Stones,”  for  “  ditto,”  read  per  cent. 

Page  219,  line  “Court  Plaister,”  for  5  read  15. 


INDEX. 


GENERAL  FORMS, 

A. 

AUCTIONS — see  Declarations, 

APPLICATIONS — see  Petitions. 

APPRAISER’S  return  of  land  set  off  on  execution, 
ATTORNEY,  Letters  and  warrants  of, 

A  general  letter  of, 

A  general  warrant  of, 

Letter  of,  to  receive  rent, 

to  let  or  sell  lands, 
irrevocable,  to  receive  money 
due  on  bond, 

from  a  sailor  to  his  wife  to  re¬ 
ceive  his  wages  and  all  oth- 
debts, 

revocation  of 

Warrant  of,  to  appear  for  a  Plaintiff  and 
prosecute  his  suit, 
to  defend  a  suit, 
from  the  Plaintiff  to  the  sher¬ 
iff  and  gaoler  to  discharge 
the  defendant, 

Powers  of— see  Mercantile. 
APPRENTICE — see  Indentures, 

ARBITRATIONS  and  Awards — see  Awards, 
ARTICLES  of  Agreement, 

General  form, 

For  the  sale  of  an  estate,  with 
a  penal  clause  for  perform¬ 
ance  of  covenants, 

For  the  building  or  rebuild¬ 
ing  of  mills, 

For  building  a  house, 

For  a  copy-right, 

ASSIGNMENTS, 

ASSIGNMENT  of  a  Bond  by  endorsement, 

of  a  Lease, 

of  a  Lease  by  endorsement 
of  a  Mortgage 

of  a  man’s  whole  estate  in  consideration 
of  several  debts  and  engagements, 
AWARDS  and  Arbitrations, 

AWARD,  form  of 


101 

47 

ib. 

49 
ib. 
ib. 

50 


51 
ib. 

52 

ib. 


if). 


5 

6 


8 

9 

10 

12 

ib. 

IS 

J4 

ib. 

1G 

ib. 

18 


INDEX* 


B. 


BASTARDY,  examination  for 
Warrant  for 
Mittimus, 

BAIL — see  Bonds. 

BILLS  of  Sale, 

BONDS,  and  conditions  thereof, 

BOND,  with  a  condition  from  one  to  one, 
with  a  condition  from  two  to  one, 

Bail 

condition  of  an  Arbitration  Bond, 

Condition  of  a  Bund  to  be  given  by  one  who 
commences  an  action  of  Replevin 
condition  of  a  Bond  of  indemnity,  on  a  Sheriffs 
«■  granting  a  Replevin, 

continuation  of,  by  endorsement — see  Appendix. 
Collector’s — see  Appendix.* 

Constable’s — see  Appendix. 


57 

58 

59 

18 

ib. 

19 
ib. 

20 
21 


ib. 

22 


c. 


COMPLAINTS,  r  x  ?t3 

COMPLAINT  to  a  Justice  of  the  Peace  (general  form,)  ib 
for  assault  and  battery, 
for  goods  stolen, 

to  a"  Justice  of  the  Peace  when  grantor 
or  lessor  refuses  to  acknowledge  a 
deed  or  lease, 

CONVEYANCES  — see  Deeds,  Lease,  Release  and 

Wills, 

CORONERS,  duty  of-^-see  Appendix. 

COVENANTS, 

D. 


54 

55 


61 


22 


25 


DECLARATIONS,  .  . 

DECLARATION  of  writings  being  deposited  m  trust, 

that  Bank  stock  was  transferred  in 
trust,  &.C. 

DECLARATIONS,  beginnings  of,  in  Writs, 

Demurrer  to, 

DEEDS, 

DEED,  Warrantee 
Quitclaim 
Mortgage 

bv  the  Inhabitants  of  a  town, 
by  husband  and  wife  of  the  wife’s  real  estate, 
by  a  Sheriff,  of  an  equity  of  redemption,  sold  at 
"  Public  Auction, 

Another,  with  an  adjournment, 
by  an  administrator, 

Another,  with  a  recital, 


46 

ib. 

ib. 

70 

99 

23 

24 

25 
ib. 
ib. 

26 


27 

28 

30 

ib 


INDEX. 


-  -  .  I 

DEED,  by  an  administrator  de  bonis  non,  with  the  will 

annexed,  31 

Another,  of  land  which  his  intestate  had  bound 
himself  by  deed  to  convey,  33 

by  executors  under  an  authority  in  a  will,  ib. 
by  guardian  of  minors,  34 

of  confirmation,  35 

of  gift  of  land,  ib. 

of  gift  of  personal  estate,  3S 

of  surrender  to  a  person  having  the  Reversion  in 
fee,  44 

of  surrender  for  a  term  of  years,  45 

Collector’s — see  Appendix. 

E. 

EQUITY  of  Redemption,  release  of,  to  an  estate  mort¬ 
gaged,  41 

ERRORS,  release  of  43 

EXECUTIONS,  levy  of,  on  real  estate,  100 

G. 

GUARDIAN,  minor  bound  by — see  Indentures. 

H. 

HIGHWAY,  report  of  a  committee  appointed  by  the 

Court  of  Sessions  to  lay  out  63 

application  to  the  Court  of  Sess'ons  by  a 
person  who  considers  himself  aggrieved 
by  a  continuance  of  65 

I. 

INDENTURES,  105 

INDENTURE  to  bind  out  a  minor  upwards  of  fourteen 

years  of  age,  106 

by  overseers  of  the  Poor  to  bind  out  a 
poor  child,  108 

to  bind  out  a  person  Upwards  of  twenty-one 
years,  agreeably  to  the  laws  of  Maine,  ib. 
to  bind  as  a  servant,  a  minor  under  the 
age  of  fourteen  yea-rs,  100 

when  such  minor  is  bound  by  guardian, 
as  a  servant,  110 

to  bind  minor,  having  no  parent  or  guar¬ 
dian,  with  the  approbation  of  selectmen,  ib, 
to  bind  as  a  servant  a  minor  of  fourteen 
years  of  age  or  upwards,  111 

to  bind  as  an  apprentice  a  minor  under 
the  age  of  fourteen  years,  ibi 

when  such  minor  is  bound  by  guardian  as 
an  apprentice,  1 1# 

21* 


INDEX, 


INDENTURE  to  bind  a  minor  having  no  parent  or  guar¬ 
dian,  by  himself  with  the  approbation 
of  Selectmen,  112 

to  bind  as  an  apprentice  a  minor  of  four¬ 
teen  years  ol  age  and  upwards,  1st  by 
parent,  2d  by  guardian,  3d  by  selectmen,  11S 

J* 

JUSTICE  of  the  PEACE,  Deed  acknowledged  before,  SJ4 

complaints  to — see  Complaints, 


L. 

LETTERS  and  warrants  of  Attorney — see  Attorney. 
LEASES,  36 

LEASE  of  land,  87 

of  land  to  a  man  and  his  wife  during  their 
natural  lives,  ib. 

of  a  house  and  land  in  the  country,  with  ex¬ 
ceptions  and  special  covenants,  33 

of  a  house,  S9 

M. 

MITTIMUS,  general  form  of  57 

in  case  of  Bastardy,  5J 


N. 

NATURALIZATION — see  Appendix. 

NOTICE  to  adverse  party  of  the  taking  of  a  deposition, 
see  Appendix. 

NOTIFICATION,  on  application  for  a  proprietor’s 


meeting,  68 

F. 

PETITION  to  obtain  a  patent,  60 

address  of,  to  the  Governor,  ib. 

to  the  Legislature,  ib. 

to  the  Supreme  Court,  ib. 

report  of  committee  appointed  to  make 
partition  according  to  prayer  of  61 

PETITION  or  application  to  a  Justice,  when  grantor 
or  lessor  refuses  to  acknowledge  a  deed 
or  lease,  ib. 

to  the  Court  of  Sessions  of  a  person  w  ho 
considers  himself  injured  by  ihe  laying 
out,  &c.  of  any  town  or  private  way,  6® 

to  the  Com  t  of  Sessions,  to  cause  a  private 
way  to  be  laid  out,  when  the  Selectmen 
refuse  to  lay  out  the  same,  63 

to  the  Court  of  Sessions,  by  a  person  ag¬ 
grieved,  when  a  town  refuses  to  approve 
of  a  private  way  laid  out  by  the  Selects 
men,  64 


INDEX. 


PETITION  to  the  Court  of  Sessions,  by  a  person  who 
considers  himself  aggrieved  by  the  con¬ 
tinuance  of  a  private  way,  65 

to  the  Court  of  Sessions  by  a  person  who 
thinks  himself  over-rated,  66 

of  a  person  disabled  in  the  land  or  sea  ser¬ 
vice  of  the  U.  States,  for  a  pension,  ib, 

to  a  Justice  of  the  Peace  for  a  proprietor’s 
meeting,  67 

to  a  Justice  of  the  Peace  in  behalf  of  a 
^  poor  debtor,  102 

PLEADING,  90 

PLEA,  to  the  jurisdiction  of  the  Court,  No.  1,  ib. 

to  the  Plf.  Infancy,  No.  2.  Misnomer  of  per¬ 
son,  No.  3,  *  91 

Misnomer  of  degree,  No.  4.  92 

to  the  Dft.  Infancy,  No.  6,  ib. 

to  the  court.  Wrong  actiou,  No.  8.  No  cause  of 
action,  No.  9,  93 

to  the  writ.  Variance,  No.  10,  94 

Account,  in  bar.  Never  Bailiff,  No.  11.  Non 
Assumpsit  by  Executor,  No.  12,  1st,  2d,  3d,  ib. 

in  trover,  No.  14,  97 

Non  Assumpsit,  No.  15.  In  debt,  No.  16.  Re¬ 
plevin,  No.  17,  98 

on  statute,  not  guilty,  No.  18.  Trespass,  No.  19,  99 

Demurrer  to  100 

POOR  DEBTORS,  102 

Application  to  a  Justice  in  behalf  of,  ib. 
Citation  to  the  creditor  respecting,  103 
Oath  of  104 

R. 

RECOGNIZANCES,  55 

of  parties,  ib. 

RELEASES,  41 

RELEASE,  general  ib. 

of  equiiy  of  redemption  to  an  estate  mort¬ 
gaged,  ib. 

of  Dower,  43 

of  Errors,  ib. 

s. 

SUBPCENA  for  a  witness — see  Appendix. 

SURRENDER,  by  Deed,  44 

Deed  of,  to  a  person  having  the  rever¬ 
sion  in  tee,  ib. 

for  a  term  of  years,  45 

SUMMONS  to  a  witness  to  make  deposition— $ce  Ap¬ 
pendix. 


INDEX. 


T. 

TRUSTEE  Process, 

W. 

89 

WRITS,  fee. 

68 

WRIT  of  Attachment, 

- 

ib. 

Beginnings  of  Declarations, 

70 

Declarations  in- 

—Indebitatus  assumpsit, 

71 

PROBATE. 

A. 

ACCOUNTS,  1S1 

ACCOUNT,  first,  of  an  administrator,  ib. 

when  the  personal  estate  is  not  sufficient  to 
pay  the  debts,  and  real  estate  has  been 
sold  for  that  purpose,  ib. 

when  the  estate  is  insolvent,  132 

of  sale  of  personal  estate,  by  order  of  the 
Judge,  129 

ADMINISTRATIONS,  fee.  125 

ADMINISTRATORS,  summary  of  the  duties  of  148 

ADVERTISEMENT  for  the  sale  of  real  estate,  139 

'  of  Commissioners,  133 

APPLICATION  of  a  widow  who  waives  the  provision 

made  for  her  by  will,  120 

for  D'  dimus  Potest ateni,  to  take  de¬ 
position  of  witnesses  to  a  will,  living 
without  the  State,  or  more  than 
thirty  miles  distant,  122 

for  license  to  sell  the  widow's  dower,  138 
Another,  after  sale  of  the  real  estate,  ib. 
APPEAL,  claim  of  an  140 

reasons  of"  141 


BOND,  Administrator’s  126 

Executor’s  118 

condition  of  an  executor’s  Bond  to  pay  debts 
and  legacies,  120 

condition  of  a  Bond  by  an  administrator,  when 
he  seiK  more  than  sufficient  to  pay  debts,  139 

on  Appeal,  141 

Guardian’s  144 

Guardian’s,  on  sale  of  a  minor’s  land,  145 

of  guardianship  lot  anon  compos,  or  intempe¬ 
rate  person,  146 


INDEX. 


c. 

CODICIL,  or  addition  to  a  will,  117 

COMMISSIONERS  Return  on  partition  of  lands,  123 

Return  on  allowance  of  claims,  134 
COMPLAINT  against  one  who  refuses  to  pay  his  pro¬ 
portion  of  the  charges  of  division,  124 
against  one  who  is  suspected  of  conceal¬ 
ing  the  goods  of  a  person  deecased,  or 
of  any  lunatic,  &c.  ISO 

to  the  Judge  against  one  who  has  been 
entrusted  with  part  of  the  deceased’s 
estate,  and  refuses  to  render  account,  130 
of  the  Selectmen  against  an  intempe¬ 
rate  person,  144 

E. 

EXECUTORS,  summary  of  the  duties  of  147 

EXECUTORSHIP,  relinquishment  of  127 

G. 

GUARDIANS  of  Minors,  fee.  142 

summary  of  the  duties  of  150 

of  idiots,  lunatics,  non  compos  and  dis¬ 
tracted  persons,  duties  of  ib. 

GUARDIAN,  choice  of,  by  a  Minor  above  fourteen 

years,  before  the  Judge,  142 

Another,  before  a  Justice  of  the  Peace,  143 

I. 

INVENTORY,  128 

N. 

NON  COMPOS,  representation  respecting  a  143 

Selectmens  return  to  order  on  the  same,  ib* 
NOTICE  of  a  creditor  whose  claim  is  rejected,  134 

ol  dissatisfaction  with  a  claim,  by  an  executor 
or  administrator,  135 

the  same  notice  to  a  creditor,  ib 

o. 

OATH  required  of  a  creditor,  133 

P. 

PETITION  for  filing  an  d  recording  copy  of  a  w'dl  pro¬ 
ved  without  the  State,  121 

fen  division,  122 

Acoihpi  by  Devisee,  123 

Administrators  or  Executors,  for  license  to 
sell  personal  estate  13G 

widow’s  for  dlowanoe  of  personal  estate,  ib. 
for  license  to  sell  Lauds,  137 


INDEX. 


PETITION  for  license  to  sell  the  whole  of  the  real  es¬ 
tate,  when  by  a  partial  sale  the  remainder 
would  be  injured,  it*, 

for  license  to  sell  the  real  estate  of  a  minor, 

(or  non  compos,)  139 

R. 

REFEREES,  report  of  1S5 

RELINQUISHMENT  of  Executorship,  120 

of  l  ight  to  administer,  and  re¬ 
quest  that  another  person 
may  be  appointed,  126 

REPRESENTING  an  estate  insolvent,  182 

REPORT  of  Referees,  185 

RETURN  of  a  Committee  appointed  to  set  off  the 

widow’s  dower,  128 

w. 

WILLS  and  Testaments,  he.  114 

WILL,  form  of  116 

Nuncupative  125 


MERCANTILE. 

A 

ABANDONMENT,  196 

ABANDONMENT,  notice  of  ib. 

of  vessel  and  cargo,  ib. 

AFFIDAVITS,  203 

AFFIDAVIT  of  the  due  execution  of  a  Procuration  or 
Letter  of  Attorney,  made  before  a  Jus¬ 
tice  of  the  Peace,  ib. 

of  the  truth  of  a  Protest,  ib. 

of  conies  of  papers,  ib. 

AFFREIGHTMENT,  Charter  party  of  179 

AGREEMENTS,  171 

AGREEMENT,  articles  of,  between  a  merchant  and 

his  apprentice,  ib. 

of  copartnership  for  carrying 
on  a  joint  trade,  ib. 

to  continue  a  partnership  by  endorsement  174 
for  separation  of  copartnership,  ib. 

memorandum  of,  with  creditors,  181 

to  hold  parts  in  a  cargo,  182 

to  hold  parts  of  a  ship  to  be  built,  183 

to  hold  parts  of  a  ship  when  bought,  ib. 

respecting  a  ship  own«d  in  copartnership  184 
ASSIGNMENTS,  158 


■ 


index;. 


ASSIGNMENT  of  Stock,  and  power  to  transfer,  it>„ 

(Hypothecation)  of  Stock  to  a  bank  on 
obtaining  a  discount,  as  collateral 
security  of  its  payment,  159 

of  effects  in  trust  to  pay  creditors,  160 

of  a  debt  as  security,  with  power  of  at¬ 
torney,  161 

of  a  bill  of  sale  of  part  of  a  ship,  by 
endorsement,  162 

Charter  party  of,  177 

B 

BILLS  OF  SALE,  163 

BILL  of  Sale  of  goods  as  collateral  security, with  a  recital,  ib. 

of  goods,  164 

BILLS  of  Sale  of  Ships,  165 

BILL  of  Sale  of  a  registered  vessel,  ib. 

of  a  vessel  employed  in  the  coasting  trade,  166 
of  Credit,  196 

BILLS  OF  EXCHANGE,  188 

BONDS,  166 

BOND  of  indemnity  to  the  U.  States,  to  obtain  the  re¬ 
newal  of  a  Certificate  of  Stock,  lost  or  de¬ 
stroyed,  ib* 

to  deliver  up  a  Note  lost  when  found,  and  indem¬ 
nify  in  the  mean  time  upon  pay  mem  of  it,  167 
Bottomry,  168 

Respondentia  ,  169 

BOTTOMRY  and  Respondentia,  168 

c 

CERTIFICATES— see  Notarial  Certificates. 
CERTIFICATE  of  Merchants  to  the  signature  of  a 

Notary,  206 

CHARTER  PARTY  of  Affreightment,  17f 

of  Assignment,  17' 

COPARTNERSHIP,  Articles  of  Agreement,  >  See  Agree 

Separation  of,  $  nients. 

CREDITORS,  memorandum  of  meeting  of,  18 

L 

LETTER  of  Credit,  form  of,  19; 

of  License,  18t 

LIVERY  and  Seizen,  form  of  endorsing,  161 

M 

MEMORANDUM  of  meeting  of  Creditors,  181 

MERCANTILE  Precedents,  151 

Ni 

NOTARIAL  Certificates,  198 

NOTES,  Confession,  186 


INDEX. 

>  form  of  ib. 

Promissory,  187 

form  of  ib. 

P. 

POWERS  of  Attorney,  151 

POWER  of  Attorney  to  receive  interest,  ib. 

to  sell  and  transfer  stock,  ib. 

to  transfer  stock  ai.d  receive  divi¬ 
dends,  152 

form  ot  Proxv  to  vote  for  Direc- 
tors  of  the  Bank  of  the  U.  S. 
as  required  bv  act  of  Congress,  ib. 

to  receive  and  enter  goods  at  the 
Custom  house,  153 

to  enter  goods  at  the  Custom 
house,  by  a  particular  vessel,  154 
to  sell  the  mateiials  and  cargo  of 
a  ship  that  was  stranded,  155 

to  authorize  a  person  to  transact 
and  manage  commercial  con¬ 
cerns,  ib. 

from  the  Diiectors  of  an  Insu¬ 
rance  Company  to  sign  Poli¬ 
cies  of  Insurance,  &c.  156 

to  receive  debts,  &cc.  157 

to  sell  real  estate  and  transact 
business  in  general,  ib. 

'  to  receive  a  Legacy,  158 

PROTESTS,  200 

PROTEST  against  the  seas,  ib. 

entry  of  £02 

s. 

STOCKS  of  the  United  States,  19S 

the  different  kinds  of  194 

SURVEYS,  185 

SURVEY  of  a  ship  and  furniture,  ib. 

of  goods,  ib. 

of  goods,  pursuant  to  a  warrant  for  that  pur¬ 
pose,  186 

T. 

TARIFF  of  Duties  on  Importations  by  American  ves¬ 
sels,  into  the  United  States,  205 

on  the  same  by  foreign  vessels — see  observa¬ 
tions  at  the  end  of  the  Tariff.  £22 

y. 

VALUATION  for  an  adjustment  of  average  loss,  188 


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